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The UCC applies to any sale of goods, but sometimes special obligations are imposed on merchants. While the UCC imposes various general (and more specific) obligations on the parties, they are free, within limits, to make up their own contract terms and obligations; if they do not, the UCC applies.
The goods involved in a sale must include the following aspects: The goods must be movable at the time of the contract. The goods must be existing and identifiable before an agreement of purchase is made. The sale can include partial interest in the goods.
The Uniform Commercial Code (UCC) views a sale of goods as: a single, multifaceted legal occurrence.
The parties are almost always allowed to ?contract out of the UCC.? If the merchants do discuss and agree to terms different from the UCC, then the parties' own terms will apply. The UCC takes a very pragmatic and common sense approach to commercial transactions.
Uniform Commercial Code Article 2 governs the sale of goods. It was part of the original Uniform Commercial Code approved in 1951. Article 2 represented a revision and modernization of the Uniform Sales Act, which was originally approved by the National Conference of Commissioners on Uniform State Laws in 1906.
Subject-matter of Contract (1) The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or future goods. (2) There may be a contract for the sale of goods the acquisition of which by the seller depends upon a contingency which may or may not happen.
Definition of Sale A sale ?consists in the passing of title from the seller to the buyer for a price.?Uniform Commercial Code, Section 2-106.
The UCC does not address transactions or financing of real property. Theoretically, the UCC standardizes business laws in these fields in the United States and seeks uniformity amongst the states.