Kubasek Differences between UCC and Common law
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When the transaction DOES NOT involve a sale or lease? | Common or statutory law.
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If the transaction provides services | apply common law
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when neither party is a merchant | then only reasonable care applies to the parties.
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merchants will be held to a higher standard of | behavior under the UCC than will non-merchants.
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mirror-image rule that applies under common law do | not apply under the ucc.
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Under the ucc additional terms are | permitted in contracts for the sale or lease of goods.
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The UCC eliminates the requirement of new consideration when | modification of sales and lease contracts.
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Any kind of documentation is usually sufficient | to satisfy the "writing requirement" of the statute of frauds.
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In Common Law, the terms include quantity, price, performance time, nature of work and identity of offer; whereas, | the quantity is the main focus of the term in UCC.
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Statute of Limitation is four to six years in Common Law; however the | it is four years in UCC.
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The contract in Common Law is discharged only because of impossibility like insanity/death of parties concerned or destruction of subject matter. | the contract is discharged as per UCC only because of impracticability
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privity of contract is required to sue as per the Common Law, | it is not required as per the UCC
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In the Common Law, if any change is made it would lead to rejection or counter offer of the offer; | In UCC, minor changes do not have any impact and the original offer does not get cancelled.
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Common Law does not allow revoking of the option contracts, | the offers made by a firm is irrevocable if the deal is made in writing in UCC.
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Common law requiring the lesser standard of substantial performance; whereas | UCC requires perfect tender.
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