Commerical Law

Alicia L. Roberts

BUSN150

Unit 4 Individual Project

1. Before the UCC and UCITA, what was the first and most significant to the U.S Government’s attempts to promote uniformity in commercial laws from state to state?

The first and most significant to the U.S Government’s attempts to promote uniformity in commercial laws from state to state was the Interstate Commerce Act. The ICA was aimed at railroad’s regulations. Even though UCC and UCITA involve different concepts, the focus primarily revolved around railroads also. Interstate Commerce Act was launched because railroads would permeate state boundaries. The 1887 Act, UCC, and UCITA all shared a common motive: Trying to create conditions to render the uniformity in commercial laws between states.

2. What are the major differences between Article 2 of the Uniform Commercial Code and UCITA?

The difference between Article 2 of the UCC and UCITA is that the former is concerned with uniform language in respect to contracts in various states. The Article is to create a situation where one can enter contractual agreements without state law becoming cumbersome. However, UCITA is different. UCITA’s focus is the implemented warranties of merchantability and fitness, as well as for the integration and informational content specifically computer information and addresses intellectual property issues.

3. What is the legal distinction between selling a product and licensing it?

Many believe the legal distinction between selling a product and licensing it is that licensing is the legal process of selling or buying property rights to produce commodities using specific copyright properties. On the contrary, merchandizing can be thought of as the act of making or selling a product based on a copyrightable product. When one is attempting to obtain a license, the licensing is equated with the legal right concerning the idea, but selling is generally thought of as exchanging money...