Contract Law Questions Regarding The Ucc And Ucita

612 words - 2 pages

The Uniform Computer Information Transactions Act and the Uniform Electronic Transactions Act that govern electronic business arose out of concern the skyrocketing popularity of e-commerce and its processes put e-commerce outside the boundaries of traditional contract law (Cheeseman, 2006). UCITA is "intended to bring the same uniformity and certainty to the rules that apply to information technology transactions that the Uniform Commercial Code does for the sale of goods" (Wikipedia, 2006). Therefore, UCITA recognizes the validity and enforceability of electronic contracts.1. Before the UCC and the UCITA, what was one of the first, and most significant, of the U.S. government's attempts to promote uniformity in commercial laws from state to state?Article I, Section 8 of the Constitution of the United States provides to the populace of this country the basis of our monetary and business system. Section 8 provides "The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States (Cheeseman, 2006 pg. 923).2. Based on the information presented above, what do you see as the major differences between Article 2 of the Uniform Commercial Code and UCITA?The computer information transactions involve licenses, not sales. It also extends easily to sales of computers and computer peripherals. UCITA was initially proposed as an amendment to the Uniform Commercial Code. The UCC, article 2 involves sales among other issues. These rules are to govern commercial transactions. Article 2 is also applied by federal courts to sales contracts governed by federal law.3. What is the legal distinction between selling a product and licensing it?The difference between selling and licensing is significant. The sale of a physical copy of a work has been the dominant model...

Find Another Essay On Contract Law - Questions regarding the UCC and UCITA

Contract Law and Music Copyright Essay

1712 words - 7 pages COURSEWORK FOR CONTRACT LAW (MUSIC*) *On what basis does the inclusion of samples of a recording made by *Pink Floyd constitute an infringement of copyright? In civil law regarding copyright, there are two types of infringement; primary and secondary. Primary is concerned with the unauthorised use of copyrighted works and secondary would involve the dealing or making commercial use of such infringing copies. In the music industry, an

Comercial and Business Law Questions Essay

3604 words - 15 pages Question (1a) Directors’ duties are to act within powers, promote success of company and avoid conflict of interest. Tracey had breached her contract as a director of the business. Under Companies Act (CA) 2006, this act places directors’ duties on a statutory basis although there are common law rules we can also refer to and further guidance can be gained via the case law. Directors’ duties are enforceable in the same way as any other

Business Law - Contract Dispute and Negotiation

889 words - 4 pages Sallie Mae profitability gave the Flowers-led group pause for concern about the agreed-upon price; citing the College Cost Reduction and Access Act signed into law on Thursday by President Bush, would adversely affect the bottom-line of the newly acquired company, the Flowers group stated that this was grounds for renegotiation of the deal. Sallie Mae threatened to go to court to have the deal enforced. Sallie Mae stipulates that even if the

Essay regarding the public's Misperception of the criminal court system and due process of the law

1916 words - 8 pages Public (Mis) perceptions of Criminal Procedure and the CourtsIntroductionThe portrayal and perception of criminal procedures and the courts have the public concerned of how safe they really are from deviants of the law and if the guilty parties are being punished accordingly. It is public opinion that there are many abuses in criminal procedure. This would include everything from traffic stops to search and seizures. The community also views the

Answers to Questions Regarding Banking and Security Issues

1807 words - 8 pages might give permission to proceed. Central Bank can use its right to terminate the contract between the banks and outsider service providers when the security and confidentiality cannot be guaranteed or confided. Question 2 Even though subcontracting or outsourcing can reduce the costs of some operations in banks, there are numerous types of risks involved in outsourcing of financial services by the bank. They can be strategic risk

Breach of contract and specific performance: the law in India and England

5960 words - 24 pages calculation of damages where they cannot be based on anything but conjecture and surmise. For example, in case of a contract regarding sale of a painting by a renowned artist or a rare China vase, the Court may rule that there is no standard for ascertaining the actual damage caused by non-performance.ii) Compensation is inadequate relief: Damages may be considered inadequate remedy when the loss is difficult to prove or cannot be recovered. The law

Answers to Questions Regarding Language, Psychology and Definitions

1701 words - 7 pages diverse societies have different levels of intelligence exhibits plain insensibility because we know that humans do not consist of subspecies; we are all genetically similar than chimpanzees who might look completely different. Even though people today do not accept this idea regarding intelligence, it still was ludicrous for the 19th century, but they did provide a first look into trying to explain human behavior and diversity. Morgan and

Labour Law Contract and ADRs in China versus the USA and UK

652 words - 3 pages business, labour practices and laws that exist and roles that unions play within the society. In this paper briefly look at the current state of the Chinese labour market and the history and evolution of the Chinese labour movement. Secondly, we will look specifically at the Labor Contract Law (LCL) that China invoked in 2008 and compare these to the laws that exist in the developed nations of the United States and the United Kingdom. Lastly, we

Private Law and Civil Law: What is a Contract in Australian Law?

2053 words - 9 pages . Furthermore Nathan was not fully guided by John about what is a contract and while briefing him about the contract. John knew that Nathan was unable to understand clearly what he was offering to him. In order to reach the conclusion and sort out the legal issues the knowing of Australian legal system is must. The legal system of Australia consists of Sources that are parliament and Judges which is subdivded into federal or state and common law or equity

Questions and the Team

998 words - 4 pages to a better project experience overall. But what are the right types of questions to ask during a team project? Before even contemplating the type of questions, one needs to realize that any, or at least most questions relating to the project at hand can help the leader get acquainted with the individual learning and working styles of each member. Gaining individual understanding will obviously further enhance knowledge of the group dynamics

A comparative view of contract in civil law and common law

1720 words - 7 pages Table of Contents1. Memorandum of Advice12. Background and Purpose of the Memorandum33. Important elements of a contract43.1A notion of common law ……………………………………..43.2 A notion of civil law…………………………………………..44. Differences of contract

Similar Essays

Commerce Clause, Ucc And Ucita Essay

633 words - 3 pages 1. Prior to the UCC and UCITA, an earlier and more considerable effort of the United States government to uphold consistency within commercial laws was the Commerce Clause. The Commerce Clause bestowed authority upon congress to control business overseas, and amongst the numerous states, also including Indian Tribes (Cheeseman, 2006). Since the Commerce Clause empowers the United States government to control businesses, it encompasses a larger

The Uniform Commercial Code And Ucita

517 words - 2 pages proposed as a modification to Article 2 of the UCC. Why do you think the drafters decided to propose it as a separate and distinct uniform act?Information technology accounts for huge share of the nation's economy and is the most rapidly expanding component of our economy. Until UCITA, there has been no contract law that provides clear, consistent uniform rules for the intangibles subject matter involved in computer information transactions in Internet

Natural Law, Rationality And The Social Contract

2079 words - 8 pages regarding the concept of natural law, the role that reason plays in this law, whether some laws are considered truly rational, and why some people choose not to follow certain principles even when they recognize them to be rational. By analyzing each of these arguments, we will arrive at the conclusion that even though the rational principles that reason provides us can easily be disregarded by the populace, that we can still find a common good

The Law Of Contract Essay

1550 words - 6 pages fraudulent misrepresentation has taken place and Archie can be awarded damages again for out of pocket expenses in that he might be awarded the difference in the devaluation of the car.In conclusion the outcome of the contract between Gary and Archie and the remedies available depends on whether Archie sues based on Gary's statement under terms of the contract or misrepresentation.B I B L I O G R A P H YAdams, A (2000) Law for Business Students. 2nd