Fundamentals Of Business
There has been a lot of difference in state laws making it hard to regulate the conduct of sellers and buyers across states. In this regard, the NCCUSL has tried diligently to institute commercial laws that apply evenly across all states in a bid to protect consumers and offer guidelines for redress where a breach has occurred. Before the formation of the UCC the only attempt to regulate business transactions across the states was the commerce clause contained in article one of the US constitution.
However the clause failed on several fundamental issues and with the formation of the NCCUSL it became important to draft a set of laws that exhaustively tackled the thorny issue of uniformity. The UCC act did indeed try to make business operations across the nations easier but it also had several fundamental flaws that saw it receive some oppositions. However with an increase in use of computer to transact it became necessary to amend the law to offer clear guidelines regarding the use of computer information in sale of goods (Cheeseman, 2007).
Section two of the UCC says that firm offers are actually valid even without consideration and basically irrevocable since they are signed. On the other hand UCITA simply tries to regulate computer transactions hence it’s a bid to give weight to offers that electronic and are therefore not signed. There exists some legal distinction between the licensing o a commodity and the sale of the same and this has been a source for concern in both UCITA and UCC. Licensing a commodity means that the person has the right to exclude others from viewing or accessing the commodity until certain conditions are met.
However under sales a customer may view the commodity and if satisfied purchase the same and ownership rights are immediately transferred. While UCITA was supposed to be a revision of the UCC disagreement between the uniformity commission and the American Law Institute cause the commission to propose a new draft to regulate the expanding IT based sector. Lastly UCITA continues to draw opposition from several quarters whereby some people feel that the law does not adequately protect consumers form breach of contract by firms.
Cheeseman, R. (2007). Business Law. New York: Prentice Hall.