4.3 – Web Search: Contract Uniformity
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The initial paragraph in the Jennings text discussion under
the heading “The Uniform Commercial Code” (2015, p. 370) details the how and
why of the Uniform Commercial Code, i.e., previously, most contracts lacked
uniformity because they fall within the purview of common law (which is really
anything but “ common”) of the various states (as mentioned in one of Module
3’s Web Search activities). As you might
therefore expect, we will once again be turning to state laws in the interest
of exposing you to the diversity of how states organize their laws and related
Web resources.
Using your Web browser, and the methodology explained last
week for trying to access state statutes, i.e. the “state.??.us” approach:
Select a state other than the one you used for Module 3’s
Web Search activity (and other than one provided by any of your classmates, so
there might be some incentive to do this one relatively early in the week).
Provide its citation(s) that equate to the “Section 1-303.
Course of Performance, Course of Dealing, And Usage of Trade” which define what
those terms mean.
Two other aspects of that search should be clarified. First, the word “citation(s)” was
purposefully used because I am aware that one or more states have divided these
subjects into more than one section, so there may be more than one
citation. Second, you will notice that
this section had a different designation in the initial, as opposed to the
revised, UCC. Therefore, don’t be
surprised if you find a state’s provision in either Part 1 or Part 2 of the
UCC.
Finally, the state’s UCC will most likely have a hierarchy
of these provisions, i.e., course of dealing, course of performance, usage of
trade. Provide the hierarchy, i.e.,
order of precedence, and the citation(s) for that order.
To reiterate from the instructions to one of the Module 3’s
Web Search activities, access to most state sites can be done using your
browser and inputting “state.??.us” and replacing the “??” with some two-letter
state designator (e.g., “state.ak.co” (for Alaska), “ state.me.us” (for Maine),
and “state.vt.us” for Vermont), and then
do a search using applicable terms.
Again, in case you aren’t aware of them, the two-letter
state designators are available below.
Two-letter State DesignatorsPreview the documentView in a
new window (PDF)
You are not required to respond to your classmates, but is
strongly encouraged that you respond to your peers.
