Purchase Solution

UCC and Contracts of the Sale of Goods

Not what you're looking for?

Ask Custom Question

Please leave a comment on these two paragraphs below :

I believe the main reason you cannot make specific performance the main remedy is because the law cannot force someone to perform for another. This borders on and resembles involuntary servitude and can be seen as infringing on someone's personal liberties. We all have the right to free will; for the law to force anyone to do something would be oppressive and would be going against those rights and freedom. If someone should breach a contract then monetary damages should bring the wronged party back to the status they were at before, if not then close to it.

I do not believe that we should rely on specific performance rather than on monetary damages, specifically for the reason stated above, of course, the biggest negative in my opinion. Even if the law were to force someone to do something then who's to say that person would perform their part to the best of their abilities? I think this would open the door for more lawsuits in the end. Specific performance would be good in that it would reinforce the trust put into a contract that the parties willfully entered into. It would also give greater power to the value of someone's word and promises. Furthermore, specific performance would probably cut down lawsuits and court traffic since there would be no guessing game; what the parties' obligations are would be cut and dry within the terms of the contract.

First question :
The UCC does not require that a contract for the sale of goods be "fair." Should the Code require that a contract be fair, or would this unnecessarily derogate the principle of freedom of contract?

Second question :
The Code establishes a minimum level of quality when it states in the warranty of merchantability that goods must be "merchantable," or "fit for the ordinary purpose intended and of fair, average quality." Is this a reasonable minimum level of quality and safety? Is it necessary?

Purchase this Solution
Solution Summary

The UCC and contracts of the sales of goods are given.

Solution Preview

I don't think that the UCC code should require that a contract be fair, due to the fact that this wound unnecessarily derogate the principle of freedom of contract. I think that the parties involved within the stipulations for a contract of sale should be given full freedom and discretion in deciding upon whether or not a contract is satisfactory, before they enter into a ...

Solution provided by:
Marcel Parker, MPA
Education
  • Criminal Justice, Elizabeth City State University
  • Master of Public Administration, North Carolina Central University
Recent Feedback
  • "Excellent work, from the time of my post to the time I received a response was days ahead of my requirements. "
  • "Great, Thank You for our Help!!"
  • "Excellent, thank you "
  • "Thank you"
  • "Thank you!"
Purchase this Solution
Free BrainMass Quizzes
Lean your Process

This quiz will help you understand the basic concepts of Lean.

Learning Lean

This quiz will help you understand the basic concepts of Lean.

Basic Social Media Concepts

The quiz will test your knowledge on basic social media concepts.

Understanding Management

This quiz will help you understand the dimensions of employee diversity as well as how to manage a culturally diverse workforce.

Team Development Strategies

This quiz will assess your knowledge of team-building processes, learning styles, and leadership methods. Team development is essential to creating and maintaining high performing teams.

View More Free Quizzes
Related BrainMass Solutions

  • Contracts: UCC Article 2 and Grocery Inc

    Your answer should compare and contrast common law contracts and UCC Article 2 contracts. The Uniform Commercial Code (UCC) Article 2 only applies to contracts FOR THE SALE OF GOODS (Mallor, 2003).

  • The Uniform Commercial Code (UCC) is a unified set of statu

    Which of the following is NOT an exception to the UCC rule that contracts for the sale of goods of $500 or more must be in writing: Specially manufactured goods that cannot be resold easily Admissions in Court Executed Agreements Oral contracts

  • Contracts under Common Law and UCC Article 2

    (2) The Uniform Commercial Code (UCC). The common law does not control contracts that are primarily for the sale of goods.

  • Law of Contracts vs. the Universal Commercial Code

    The UCC is a code of laws governing commercial transactions such as sale of goods, banking transactions and other matters designed to bring uniforminty in these areas to the states which have adopted the code.

  • UCC Contracts & Warranties

    109945 UCC Contracts & Warranties Does the UCC apply to contracts between merchants only? Are contracts and Warranties used interchangeable in article 2 of the UCC? Do common law contract apply to UCC?

  • This post addresses a manager's knowledge of the UCC.

    The UCC clarifies how goods are sold, and serves as a strong foundation to govern the sale of goods, including all possible aspects and most situations that can arise during that sale, including defects, returns, etc.

  • Statute of Frauds and Application of UCC

    Contracts that cannot be performed within one year but are not of indefinite duration, contracts related to transfer of land, contracts in consideration of marriage, sale of goods for $500 or more, contracts having a surety, and contracts with an executor

  • Grocery retailier and UCC contracts/supplier contract

    Usually the elements of the common law apply to all contracts of sale and so they apply to the contracts of sale between Grocery and its suppliers..

  • This posting addresses laws, contracts, and the UCC.

    The Uniform Commercial Code clarifies how goods are sold, and provides a justifiable basis for the legal aspects of the sale of goods. For example, many issues arise from verbal contracts for large amounts of money.

  • Legal multiple choice questions

    A) contracts for the sale of land or real estate B) contracts for the sale of goods C) contracts for the sale of goods for a price of $500.00 or more D) a and c 14.

View More Related Solutions