Ucc & Ucita Essay

586 words - 2 pages

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?In the Constitution Article 1, Section 8 states: "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". And also in Article 1 Section 9 further states: "No Tax or Duty shall be laid on Articles exported from any State." "No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another". (NARA.com, 2006)2. Based on the information presented above, what do you see as the major differences between Article 2 of the Uniform Commercial Code and the UCITA?The UCITA has received a lot more criticism than the articles of the UCC. There are organizations out there educating people and legislators about possible dangers of UCITA. AFFECT (Americans for Fair Electronic Commerce Transactions) is one of these organizations educating the public. They believe that UCITA is not just dangerous but anti-competitive, anti-business and anti consumer. They teach that UCITA will have a negative impact on the American economy and will hinder the development of future electronic commerce and up-and-coming technologies. (AFFECT.com, 2006)3. What is the legal distinction between selling a product and licensing it?The main function for selling a product a seller delivers goods to a buyer with the understanding that the buyer may return the item within a stated period of time. The sale is final if the buyer fails to return the item within the specific time frame. Also acceptance of the sale occurs when the buyer expresses acceptance. A sale, or the activity of selling, forms a basic part of commercial activity....

Find Another Essay On Ucc & UCITA

E-Commerce Essay

668 words - 3 pages business because it specifically governs electronic contracts. The provisions dictate rules and guidelines for electronic transactions that determine an enforceable electronic contract. Carlyle C. Ring, the Chair of the UCITA Drafting Committee states, "UCITA parallels UCC Article 2 for sale of goods," but specifically for the online environment and therefore, UCITA will streamline and create uniformity in electronic contract transactions (Uniform

Reno v. American Civil Liberties Union

546 words - 2 pages the children had authenticity and importance, but none the less, "the statute abridges the freedom of speech protected by the First amendment. For the forgoing reason, the judgment of the district court is affirmed" (Cheeseman 2004).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

Bus/415 Legal Issues Final Research Project Paper

3262 words - 13 pages UCC Article 2 for sale of goods," but specifically for the online environment and therefore, UCITA will streamline and create uniformity in electronic contract transactions (Uniform Law Commissioners, 2001). Currently, the UCITA is under fire from technology and consumer protection agencies for its provisions on clickwrap and shrinkwrap licenses. However, the act, if adopted by the states, will have a strong impact on electronic business (Foster

Grocery Inc

1793 words - 7 pages chocolate sauce from two other stores within the 10 mile radius."For a time, the focus of internet advocacy groups and several state and federal governments have been finding ways to ensure parity between electronic communications and traditional records. "By and large all of the Uniform Laws (new UCC, UETA, and UCITA) call for parity between electronic and paper records with the exceptions for State law that does not allow the use of electronic

Reality and Illusion in Shakespeare's Hamlet - Reality, Appearance and Deception

896 words - 4 pages Reality and Illusion in Hamlet   Shakespeare’s play, Hamlet, begins with the appearance of a ghost, an apparition, possibly a hallucination. Thus, from the beginning, Shakespeare presents the air of uncertainty, of the unnatural, which drives the action of the play and develops in the protagonist as a struggle to clarify what only seems to be absolute and what is actually reality. Hamlet's mind, therefore, becomes the central force of the

Sub-plots in Hamlet

1118 words - 4 pages Sub-plots in Hamlet   There are many things that critics say make Hamlet a "Great Work," one of which is the way that Shakespeare masterfully incorporates so many sub-plots into the story, and ties them all into the main plot of Hamlet’s revenge of his father’s murder. By the end of Act I, not only is the main plot identified, but many other sub-plots are introduced. Among the sub-plots are trust in the Ghost of King Hamlet, Fortinbras, and

Hamlet as Victim and Hero

1301 words - 5 pages Hamlet as Victim and Hero      Hamlet, Prince of Denmark, a Shakespearean tragedy, tells the story of Prince Hamlet, who gained the knowledge of a terrible incident that his kingdom had suffered. Claudius, the king of Denmark and Hamlet's uncle, had killed his own brother, the king, who was also the father of Hamlet, and married his brother's widow. Hamlet suffered these traumas to a severe degree, and his only relief was to defeat his

Essay on Light and Dark in Antigone

1188 words - 5 pages Use of Light and Dark in Antigone   The "Golden Age" of Greece is noted for its many contributions to the creative world, especially in its development of the play. These performances strived to emphasize Greek morals, and were produced principally for this purpose. Antigone, by Sophocles, is typical. The moral focused on in Antigone is the conflict between physis (nature) and nomos (law), with physis ultimately presiding over nomos

charant Creon as the Main Character of Antigone

1231 words - 5 pages Creon as the Main Character of Antigone   Throughout the Greek play Antigone by Sophocles, there exists a dispute as to who should receive the designation of main character. Antigone, the daughter of the cursed King Oedipus, as well as Creon, stately king of Thebes, both appear as the key figures in this historic play. I believe that Creon, king of Thebes, should be considered the main character in this work of Greek theater. Three

Free Macbeth Essays: Sleep and Sleeplessness

525 words - 2 pages The Sleep and Sleeplessness Motif in Macbeth We have consciences that function to tell us the difference between right and wrong. If we have clear consciences, we usually possess the ability to sleep. But when our consciences are full of guilt, we experience a state of sleeplessness. In Macbeth, Shakespeare uses the sleep and sleeplessness motif to represent Macbeth's and Lady Macbeth's consciences and the effect Macbeth's conscience has on

Life Outside of Life in Hawthorne’s Wakefield

898 words - 4 pages Life Outside of Life in Hawthorne’s Wakefield   Efficacy lies at the heart of human desires for immortality. Characters throughout literature and art are depicted as wanting to step aside and see what their world would be like without their individual contributions. The literary classic A Christmas Carol and the more recent, but ageless, film It’s Wonderful Life both use outside influences (three ghosts and Clarence the Angel

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

Contract Law Questions Regarding The Ucc And Ucita

612 words - 2 pages 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

Uniform Computer Information Transactions Act (Ucita)

1368 words - 5 pages amendments. On July 29, 1999, NCCUSL independently approved the proposals and sent them to the states for adoption. So the amendments to the UCC that were drafted to be the new section 2B in the code is now what we know as UCITA. The goal of UCITA is to standardize software license agreements across the United States by providing a "model" law for states to adopt. UCITA spells out default terms and conditions for licenses with shrink-wrapped or

The Uniform Commercial Code And Ucita

517 words - 2 pages 1. Before the UCC and 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?I think the most significant attempt to promote uniformity in commercial laws from state to state was the "commerce clause", which is found in article 1, section 8 of the U.S. Constitution. Two key factors in section 8 are; "To regulate Commerce with foreign Nations, and