Erick Kopczick, Seth Simmons, Karl Svanberg
Law/421
December 22, 2014
Charles deWitt
Common Law Contracts and the UCC Article 2 Wk 5 Reflection
There are some similarities when it comes to UCC and Common Law contracts. But UCC is for goods and tangible items whereas Common Law Contract is for the intangible items like services. UCC is use to eliminate the technical requirements of contract law. UCC relies on the merchants acting on good faith and reasonable contracts. Part of the UCC is in most contracts between merchants. Common Law contracts are normally made between two individual parties.
When it comes to common law in the work place, which is dealt with everyday it
would have to be when going to the warehouse and getting parts. When ordering parts, that are needed for a certain job and the parts that is needed for that job and there is only one part that is needed. But the person who orders the part orders more than needed so that there is more to have for the next time. Let’s just say that there is 20 parts ordered and only 15 parts get shipped in but actually did not need 20 and you only needed one.
The warehouse calls that person in and said that there was 20 ordered that was requested and that only 15 where actually delivered. The invoice even says that the company only charged for 15 and that the warehouse says that there was 20 parts put on the invoice so this would be common law. The warehouse was given an invoice for 20 parts and they only shipped 15 so therefore this would be quantity needed for the warehouse that was wrong.
Common Law or r contract law is a platform to conduct business between business parties to include: written, oral contracts involving goods, services, money, employment contracts and real estate property. In our society we use common contracts that have become our way of life. Common law is protected by legal accepted terms and that both parties understand and agree with terms. And that both parties are in the capacity to understand the terms and conditions and not be influenced by mental illness or intoxication. This is protected with a large umbrella of protection with common law and the Uniform Commercial Code (UCC). This allows both parties to deal with goods and tangible items (Melvin 20011).
References
Melvin, S. P. (2011). The Legal Enviroment of Business. In A Managerial Approach: Theory to Practice. New York: McGraw-Hill/Irwin.