Question

*Business Legal**

Discuss how the UCC changes the effect of the common law of contracts regarding the requirement of definiteness.

Discuss the implied warranties that arise under the UCC.

Discuss the similarities between the CISG and the UCC.

Answer 1

1. The common law and UCC have different in various terms like acceptance of offer with different terms. According to common law any change to the offer is rejection and require counter offer, whereas in UCC changed in offer may still be a binding contract depending upon the differing term. At the time of contract modification, under common law it requires consideration while in UCC it’s not a prerequisite. The common terms also differs like common law requires quantity price, nature, performance, etc. to be part of contract whereas UCC only identifies quantity as term of contract.

2. Implied warranties are the conditions which allow buyers to purchase goods on meeting some minimum standards. The two implied warranties under UCC are- Merchantability of goods being sold and warranty for goods which is fit for a particular purpose. Merchantability says that goods must be of at least average quality, packed, labelled and fit for use. Another implied warranty under is- ‘Let the buyer aware’ which means that buyer should be confident to purchase as goods must meet the minimum standard for goods.

3. The most common similarity is that both allow the seller to cure the shipment if it can be done within time performance of the contract. Both gives the buyer right to revoke the acceptance of a defective good , also to return the goods and get his/her money back.

The concept of remedies to buyer is same under both UCC and CISG as well as in both UCC and CISG seller creates express warranty to deliver the goods of certain quantity, price, description, etc. as made under the contract.