Video

  • 13 minutes

Applicable Law - UCC Article 2

 
UCC Article 2 governs sales of goods, supplemented by the United Nations Convention on International Sale of Goods (CISG – can be disclaimed by agreement, but how achieve agreement in battle of forms?); Incoterms (Int’l Chamber of Commerce Terms – generally governing shipping and delivery); and common law and principles of equity, fraud, duress, etc. might alter otherwise applicable outcomes . Article 2 applies to a contract when the primary purpose of the contract is the sale of goods. This usually is not a controversial issue but it can be in certain transactions such as software and medical devices.

In this 13-minute video our speaker, Darrell W. Pierce, reviews common law codified by Article 2. He explains that in some respects it is amazing that it got done. Common law of contracts has been around for a long time. It evolves on the fact specific advance of the cases as they are presented to the courts. It’s not very efficient in some ways but after a while it becomes rather stable. The changes are fact based, fact specific, therefore outcomes aren’t being altered in other situations. Codifing can run the risk of going too far or not achieving enough but it did get done.

Darrell W. Pierce is a member of Dykema Gossett PLLC in Ann Arbor, Michigan. He focuses on corporate and commercial transactions, particularly those governed by the Uniform Commercial Code. Mr. Pierce has more than 30 years of experience in the practice of corporate and commercial law.
Runtime: 13 minutes

Faculty

Darrell W. Pierce

Darrell W. Pierce

Dykema Gossett PLLC