Ucc-Cisg
UCC and CISG
The Uniform Commercial Code (UCC), first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.
The goal of harmonizing state law is important because of the prevalence of commercial transactions that extend beyond one state. For example, goods may be manufactured in
State A, warehoused in State B, sold from State C and delivered in State D. The UCC therefore achieved the goal of substantial uniformity in commercial laws and, at the same time, allowed the states the flexibility to meet local circumstances by modifying the UCC's text as enacted in each state. The UCC deals primarily with transactions involving personal property (movable property), not real property (immovable property)
Firm offers (offers that cannot be revoked for a set time) are valid without consideration and irrevocable for time stated (or up to 3 months) and must be signed.
Offer to buy goods for “prompt shipment” invites acceptance by either prompt shipment or a prompt promise to ship. Therefore, this offer is not strictly unilateral.
However, this “acceptance by performance” does not even have to be by conforming goods. Consideration -- modifications without consideration may be acceptable in a contract for the sale of goods.
Failure to state price—in a contract for the sale of goods, the failure to state a price will NOT prevent the formation of a contract if the parties’ original intent was to form a contract. A reasonable price will be determined by the court.
Assignments -- a requirements contract can be assigned if the quantity required by the assignee is not unreasonably disproportionate to original quantity
In 1980 the United Nations Convention on Contracts for the International Sale of Goods
('the CISG') was introduced to create international certainty and
The Uniform Commercial Code (UCC), first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.
The goal of harmonizing state law is important because of the prevalence of commercial transactions that extend beyond one state. For example, goods may be manufactured in
State A, warehoused in State B, sold from State C and delivered in State D. The UCC therefore achieved the goal of substantial uniformity in commercial laws and, at the same time, allowed the states the flexibility to meet local circumstances by modifying the UCC's text as enacted in each state. The UCC deals primarily with transactions involving personal property (movable property), not real property (immovable property)
Firm offers (offers that cannot be revoked for a set time) are valid without consideration and irrevocable for time stated (or up to 3 months) and must be signed.
Offer to buy goods for “prompt shipment” invites acceptance by either prompt shipment or a prompt promise to ship. Therefore, this offer is not strictly unilateral.
However, this “acceptance by performance” does not even have to be by conforming goods. Consideration -- modifications without consideration may be acceptable in a contract for the sale of goods.
Failure to state price—in a contract for the sale of goods, the failure to state a price will NOT prevent the formation of a contract if the parties’ original intent was to form a contract. A reasonable price will be determined by the court.
Assignments -- a requirements contract can be assigned if the quantity required by the assignee is not unreasonably disproportionate to original quantity
In 1980 the United Nations Convention on Contracts for the International Sale of Goods
('the CISG') was introduced to create international certainty and