Whether the UCC or the common law of contracts governs can make a huge difference with how you handle your contracts. When dealing with contracts, it is always best to seek counsel from an experienced contract attorney. Out attorneys at Gunderson, Denton, and Peterson, PC can answer any questions and offer the counsel you need regarding your contract issues. Written By Brad Denton.
The difference between a contract that falls under the UCC and one that does not and why it is important to you When dealing with contracts, it is important to understand that there are two possible general bodies of law that could come into play, the Uniform Commercial Code UCC and the common law of contracts.
How to Determine Whether the Governing Contract Law is the UCC or the Common Law Before discussing the differences between the two governing bodies of law, it is important to understand the type of contract governed by each body of law, you may want to get help from the MK Law team for this.
Aspects of Contract Law Brad Denton. Meet Our Business Attorneys. How do I buy an existing business? Client Login. Our law offices serve clients legal needs with AZ Lawyers to help you. The Long Island company demanded payment. Both sides went to court alleging breach of contract.
In ruling on both parties' motions for summary judgment, the trial judge needed to first decide whether to apply the UCC or New York common law to the underlying contract. The Taiwan company argued for the UCC. The Long Island company argued for common law.
The judge sided with the Taiwan company. His key finding was that the contract itself dealt primarily with "goods" rather than "services. The judge said three factors led to his decision. First, the contract itself was described as an agreement to purchase a "module," meaning a tangible good.
Second, the Long Island company was hired to design, manufacture, and install the system. Please note: comment moderation is enabled and may delay your comment.
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