Uniform Commercial Code
At the heart of the market economy are contracts between buyers and sellers
under which both parties have rights and obligations. One of the cornerstones
of contract law in the U.S. is the Uniform Commercial Code (U.C.C.). Thanks
to the Legal Information Institute at the Cornell Law School, the U.C.C. is
available on the Internet via Gopher and World Wide Web.
In the United States it is the states, rather than the Federal government,
which draft the primary elements of commercial law. The Uniform Commercial
Code, first published in 1952 as a joint project of the American Law Institute
and the National Conference of Commissioners, has been adopted, at least in
part, by every state in the U.S. Most of its provisions are in effect in most
of the states.
In addition to the Uniform Commercial Code itself, the Legal Information
Institute (LII) has also uploaded "Official Comments" for each section of the
Code. According to LII's introductory document:
-
While these comments have not been enacted by state legislatures, they
are heavily relied on by lawyers and courts. They are, by far, the most
important source of assistance in interpreting the Code.
The Legal Information Institute has done an excellent job in utilizing World
Wide Web technology to make the document easy to read. The home page lists
the U.C.C.'s 9 Articles:
- General Provision
- Sales
- Leases
- Negotiable Instruments
- Bank Deposits and Collections
- Funds Transfers
- Letters of Credit
- Bulk Transfers and Bulk Sales
- Warehouse Receipts, Bills of Lading and Other Documents of Title
- Investment Securities
- Secured Transactions; Sales of Accounts and Chattel Paper
When you select an Article you are taken to a page which lists all the Parts
of an article with a list of Section titles under each Part. For example
Article 2 of the U.C.C. includes seven Parts:
Article 2 - Sales
- Short Title, General Construction and Subject Matter
- Form, Formation and Readjustment of Contract
- General Obligation and Construction of Contract
- Title, Creditors and Good Faith Purchasers
- Performance
- Breach, Repudiation and Excuse
- Remedies
The Sections under Part 6 - Breach, Repudiation and Excuse, include:
- Buyer's Rights on Improper Delivery
- Manner and Effect of Rightful Rejection
- Merchant Buyer's Duties as to Rightfully Rejected Goods
- Waiver of Buyer's Objections by Failure to Particularize
- What Constitutes Acceptance of Goods
- Right to Adequate Assurance of Performance
When you select a Section you are taken to that section of the Code, which is
generally a clear explanation of the rights and responsibilities of the
parties involved in a commercial transaction. At the bottom of the section
code there are options that take you to "Official Comments" or other parts of
the Code which are relevant to the section you selected. Throughout the
U.C.C. the viewer can view definitions of terms such as "Good faith,"
"Acceptance," "Contract for sale," "Termination," etc.
This electronic version of the Uniform Commercial Code is available directly
via Gopher or World Wide Web. Because the document is broken down into small
components (which makes it easy to view online), it is virtually impossible to
download or e-mail it to someone else. However, LII has formatted the
document into a Window's based program, which it will mail to people on
diskette for a reasonable fee. For more information about this option contact
Peter W. Martin at: [email protected]
For those with a World Wide Web viewer such as Mosaic or Lynx, the URL is:
- http://www.law.cornell.edu/ucc/ucc.table.html
For those with Gopher capability, "gopher" to:
- fatty.law.cornell.edu
From the main menu select in succession:
- -U.S. Law: Primary Documents and Commentary/
-Commercial Law/
-Uniform Commercial Code (WWW version)
This last selection will call up a very threatening message about
leaving the Internet. Don't panic, press Enter and at the login prompt
type:
- www
We have also put in a link to the Uniform Commercial Code from our files at Friends and Partners. From the F&P home page, select:
-
-Center for Civil Society International
-CCSI's Electronic Top Ten
-Uniform Commercial Code
This article is from the October 1994 issue of
Net Talk
For more information or to order a
subscription, see our publications page.
The URL for this page is: http://solar.rtd.utk.edu/~ccsi/csew/94-10/ucc.html
Last updated: October 8, 1996