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Commercial Law
Chapter 12 Vocab
16
Law
Graduate
12/10/2012

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Term
Uniform Commercial Code
Definition
a model of law and codes governing business transactions and interstate commerce intending to codify existing business practices.

The hope was for it to be adopted by all 50 states. 49 have - not Louisana.

Generally understood business practices between merchants as to the sales of goods.
Term
NCGS Chapter 25
Definition
North Carolina General statutes chapter 25 where you'll find the UCC.
Term
Article 2 "Sales"
Definition
This article in the NCGS Ch. 25 provides laws/code regarding the "sale of goods".
Term
Sale
Definition
a transfer of title to property for money or its equivalent from seller to buyer
Term
goods
Definition
all things moveable; all personal property or movables, commodities, including futures and fungibles.

Fungible - exchangeable
Term
merchant
Definition
a person who deals in goods of the kind being sold or, who by his "occupation" holds himself out as an expert. A merchant can be a buyer too.
Term
C.O.D.
Definition
Cash on Delivery
Term
Accomodation
Definition
an action undertaken without consideration for the benefit of another person
Term
Firm Offer
Definition
a statement of an offer in a signed writing.
Term
Mirror Image Rule
Definition
the acceptance must be the mirror image of the offer and the offeree must accept the offer without changing it.
Term
Last Shot Doctrine
Definition
common law rule - if we are exchanging forms that have inconsistent provisions, then the LAST form before performance controls.
Term
Bargained-for terms
Definition
terms of a contract that are written in the K bargained for by the parties
Term
Boiler Plate
Definition
all the terms are already written in on the form; it is the fine print on the form not necessarily discussed by the parties
Term
Good Faith
Definition
honest in fact; ncgs 25-1-203
Term
Unconscionability
Definition
the circumstance surrounding a contract which indicates that one party is treated unfairly by the other
Term
Statute of Frauds
Definition
certain contracts have to be in writing and certain writings are needed to end a K unless be bound by it.
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