Running head: WEEK 5 REFLECTION 1

Week 5 Reflection

LAW 421

WEEK 5 REFLECTION 2

Week 5 ReflectionEvery contract has laws that it is under, typically common law contracts or under the

Uniform Commercial Code (UCC). Each law has different requirements and repercussions if not

followed correctly. This paper will compare and contract common law and the UCC, and discuss

the strengths of the team.

Common Law Contracts

A contract can be defined as a promise or a set of promises enforceable by law (Melvin,

2011). Common law contracts are contracts for services; for example, a service agreement with

the house cleaners is under common law, the contract for the purchase of the cleaning equipment

is not.

Uniform Commercial Code

The UCC is a statutory law, governing sale of goods contracts (Melvin, 2011). Goods are

defined as tangible and moveable (Melvin, 2011). Article 2 of the UCC applies onto to

merchants; merchant are those that are regularly engaged in the sale of particular goods (Melvin,

2011). Article 2 is made to modify some of the stricter common law requirements and to

encourage and facilitate business transactions between merchants.

Compare and Contrast

Common law contracts require elements to form a contract; Article 2 allows a contract to

be made in any manner that is sufficient to show an agreement (Melvin, 2011). For acceptance of

contracts, Article 2 lessens the restrictions on acceptance of contract too; a contract can be made

even if the acceptance does not match the counter offer. Common law has a mirror image rule

where if the counter offer conflicts with the original offer, then the original offer is terminated

(Melvin, 2011).

WEEK 5 REFLECTION 3

In this article discussed are the two laws Common Law and the Uniform Commercial

Code (UCC) which apply to the United States. When it comes to contracts and the sale of goods,

it applies to UCC which is an underlying policy that promotes the efficiency of commercials

supplying the process for businesses and consumers to rely on. Modifying a more strict

Common Law is to assist and condition a firm’s transaction by supplying merchants and

consumers rules for the selling of goods. If at any time there are changes this will lead to a

refusal of the offer set by Common Law. If the UCC were to have changes it will not have any

effect on the offer. Thus terms of Common Law dictate quantity, performance, price, the identity

of offer, and the nature of work. The UCC believe that quantity is the focus point of offers made,

but if Common Law has no cancelations of contract offers, then the offers made through business

agreements is binding if it completed in writing from the UCC. If between the two there is a

Statue of Limitation, it is four to six years for Common Law, but only four years for UCC.

Individual's Thoughts

Like always, the terminology keeps confusing the team. Ashley is struggling with the

understanding of mirror image rule. From the research, it seems that Ashley’s work would be

under the Article 2 but she has never heard of it before this class.

At the VA Medical Center some contracts fall under common law, because they cover

services and the other contract fall under the UCC Article 2, because they cover goods. Until

taking this class Scott was unaware there were different laws to cover different types of

contracts. He thought all contracts were covered by one law.

Stephen has not had any personal experience in dealing with drafting or signing contracts.

Stephen was unaware that UCC existed. Stephen is still having trouble understanding how

WEEK 5 REFLECTION 4

important the UCC is in the world of business. More experience in the business arena will help

Stephen develop a better understanding in the future.

To give an example of the Uniform Commercial Code, and how it applies to areas of a

work place, is the leasing of equipment that the organization may lease to conduct business. In

the insurance industry, it is of importance for mail to flow in and out of the facility. That said, a

mail center exist. In order for the mail to be processed, a massive stamp machine is leased for

mailing purposes. Lease agreements are a type of personal property contracts and governed by

state laws that are reproduced by Article 2A in the Uniform Commercial Code.

Conclusion

Whether a contract falls under common law, the UCC, or UCC Article 2, there is always

regulations and laws regarding the contract and repercussions if not followed properly. Common

law contracts pertain to any contract, UCC only oversees contracts that are for goods, and Article

2 is for contracts between merchants.