Let’s assume that Bill receives a message from Annie in which she offers to sell her plasma television to Bill for $1200. Bill immediately sends her a letter saying “I have always wanted one of those televisions. But, in this economic climate, my budget is very tight. Since my business (“Moving by Bill”) is really slow right now, I will send a team to help you move all of your furniture into your new home at no charge provided that you’ll sell me the television for $600.

Question

Let’s assume that Bill receives a message from Annie in which she offers to sell her plasma television to Bill for $1200. Bill immediately sends her a letter saying “I have always wanted one of those televisions. But, in this economic climate, my budget is very tight. Since my business (“Moving by Bill”) is really slow right now, I will send a team to help you move all of your furniture into your new home at no charge provided that you’ll sell me the television for $600.

Would this transaction be subject to the law of common law contracts or to UCC contract law?

Answer 1

Determining whether the transaction between Bill and Annie would be subject to the law of common law contracts or UCC contract law requires an understanding of the underlying principles and scope of each system.

The law of common law contracts is primarily based on judge-made law, legal precedents, and the foundations of contract law developed over centuries. It applies to contracts for the sale of goods, as well as other types of contracts. Common law contract principles vary among jurisdictions but generally include elements like offer and acceptance, consideration, capacity, and mutual assent.

On the other hand, the UCC (Uniform Commercial Code) is a set of laws enacted by various states in the United States to provide uniform rules for commercial transactions, including the sale of goods. The UCC specifically governs contracts for the sale of goods, which are movable, tangible items of personal property.

In the given scenario, Bill's letter to Annie indicates that he wants to purchase Annie's plasma television, which is a tangible item. Therefore, the transaction involves the sale of goods, and as a result, would be subject to the UCC contract law.

It's worth mentioning that the UCC has been adopted in most of the states in the United States, but there might be variations in specific provisions and interpretations. Therefore, it is advisable to consult the specific state's UCC provisions to gain a comprehensive understanding of the applicable rules and regulations.