UCC and the Sale of Products and Services Essay

UCC and the Sale of Products and Services - Essay Example The purpose of coming up with the act was to bring about substantial uniformity in trade laws and enhance flexibility within member states so as to meet local situations. The roles of the code relate to transactions involving movable or personal property, chief among them being modernizing the contract laws and creating exceptions from common law. However, the Uniform Commercial Code does not deal with real or immovable property. The code is a product of many private firms and consists of a recommendation of laws that need to be adopted by the states. A board has been enacted to oversee the enactment and has come up with various official comments. It does not have the power to act on the state but used the tool of courts to interpret the code and determine the effects of one or more provisions through harmonization with laws of other states that have adopted similar provisions. The code acts in general and governs the sale of goods by setting up provisions of uniformity of sales acro ss the various places of operation. Several states have come up with adjustments so as to conform to the local procedures such as the elimination of hyphens, use of different titles, changes in the structure and creation of sub-divisions. All these are enhanced to create flexibility and uniformity in application of the code among the regions. The guiding rules of the code are to allow people to contract freely and fill all missing requirements when the agreements are oral. The role is to implement uniform trade and streamline all necessary items like checks process, note and other currency. The law acts to differentiate the merchants who are well equipped with business information they are in and the customer who lack information on product quality. The code also seeks to eliminate the use of legal structures when contracts are made so as to ensure free trade where lawyers do no interrupt or where legal documents are not prepared elaborately. The Uniform Commercial Code is governed by the tender, acceptance, rejection and revocation guidelines (TAAR). In the process of purchase, a buyer and can tender goods during the initial process and thus is entitled to reject products that do not meet the requirements of the agreement set. The buyer at the rejection stage is however required by the code to reject the goods within a reasonable time if problems arise within the goods (Miller & Alvin 53). At the acceptance stage, the purchase is done with the belief that the manufacturer will undertake to repair the problems which are under warranty. Besides that, a buyer may revoke the good and fail to accept them at the revocation stage. Zabriskie Chevrolet, Inc. v. Smith, 240 A. 2d 195 (1968) The case has been brought forward in relation to rejection. Mr. Zabriskie has purchased a new car and 1966 Chevrolet Biscayne and has provided a check as payment. Later on in the day, he travels in the same car which develops some problems after a two and a half miles drive. Immediat ely after noticing the problem, he orders that the check payment be stopped, but the dealer refuses claiming that the buyer, Mr. Zabriskie cannot reject the car. His argument is that he had already taken a trial round a block to test whether the car is proper and was satisfied and that this was a reasonable time to inspect the vehicle. It is held by the New Jersey Court that the first opportunity to inspect the car by the buyer is to check whether what

Modern Myths Paper Essay Example | Topics and Well Written Essays - 750 words

Modern Myths Paper - Essay Example sidered a prize we deserve on the simple merit of being American and something we feel entitled to start enjoying while we’re still young enough to enjoy it. Although each person has a different idea of exactly what constitutes a dream vacation, or even the American Dream, there is a shared concept of something enticingly sweet, highly desirable, reasonably attainable and intended just for them. A great deal of energy and attention is given to the concept of the American Dream, but while most people seem to have this concept of a tantalizing treat drifting just out of their reach, few have any clue as to just where they’d go if they could. Because the concept seems to be universally understood, very few people discuss the idea of the American Dream to any great extent, but without any form of real definition, it remains puzzling just how anyone might be able to determine when or if they have ever reached it. The American Dream has some common elements such as a house, l eisure time and the natural result of average effort, yet each individual must realize that their idea of home and their concept of leisure might be vastly different from another person’s. Without actually defining what comprises the individual dream, it is impossible to discover it. The process becomes the activity with no real idea of the goal and no true direction to get there. For most people, it’s just supposed to happen. Growing up, many of us have been under the impression that we are entitled to the American Dream because we are Americans and our forefathers won it for us. For a lot of us, this has meant not having to actually work hard for what we want because it was earned for us already. However, we go off the track when we start trying to define what that dream is. According to John E. Nestler, â€Å"the American Dream has undergone a metamorphosis from principle to materialism †¦ When people are concerned more with the attainment of things than with the maintenance of