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Discussion: Uniform Commercial Code

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Essay / Research Paper Abstract

This 4 page essay looks at S2-207 of the UCC and discuses two related cases with decisions from different findings. Bibliography lists 6 sources.

Page Count:

4 pages (~225 words per page)

File: JV57_JVuccode.rtf

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Unformatted sample text from the term paper:

a product of joint efforts by the American Law Institute ("ALI") and the National Conference of Commissioners on Uniform State Laws (NCCUSL") to respond to a legal need related to interstate commerce (Rock & Christophorou, 2003). Brownfield (2008) writes that it is model code, and as such must be adopted by states to be effective. Forty-nine states have adopted the code with modifications related to their respective jurisdictions. The UCC contains eleven articles, the first general provisions and the remaining ten providing rules for various commercial practices. Cornell Law states that the NCCUSL was formed in 1892 on the recommendation of the American Bar Association (ABA) and in the next few years the general code was written (see Universal Codes, 2005). The other articles followed, inspired by Federal codes such as the federal Securities Act of 1933. Sweeping changes were made between 1987 and 1990 to update the code, and again in 2001 through 2003. However, as Cornell Law states, some provisions have never been adopted by a single state, such as the Uniform Construction Lien Act (1987), the Uniform Franchise and Business Opportunities Act (1987), and the Uniform Putative and Unknown Fathers Act (1988)). Cornell Law also notes that most states do not adopt the laws verbatim and when major changes are made; therefore, "uniform" is a misnomer. Cornell cites the UCCs greatest success was the quick adoption of newer codes covering business and securities laws between 2001 and 2003, which most states have adopted verbatim. Discussion of Article 2 Covering Sales Often used in contract court cases is Article 2 of the UCC, which concerns sales related to general construction. Under the general definition of ?1-102, ...

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