Question

In: Accounting

Compare and contrast the UCC and the CISG in regards to the Statute of Frauds. Which...

Compare and contrast the UCC and the CISG in regards to the Statute of Frauds. Which one do you prefer, and why?

Solutions

Expert Solution

First of all let’s see difference between UCC and the CISG in regards to the status of frauds;

“Statute of Frauds” refers to the common law principle incorporated in various statutes under which specific types of contracts must be in writing in order to be legally binding.

In case of UCC, any contract for the sale for goods which go beyond $500 must be in writing to be enforceable by the US courts. In other words we can say that any sale contract going beyond $500 must be in writing to get legal bounding on concerned parties, hence this formality is compulsory when doing transactions in the US market. On other hand under CISG, sales contract need not to be in writing. In other words we can say that businessman need not to be involved in various types of legal formalities to fulfill a business transaction under CISG.

So it is clear that provisions of UCC are looks much better & fair in preventing any type of fraud in any business transaction in compare to CISG. Normaly businessman also prefer UCC in compare to CISG due to strong written fromalities so that in case of any fraud & irregularities, concerned party can be legal punished.

So overall we will say that in regards to the status of frauds, UCC is better than CISG.


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