Developments and Revisions in the Post-Code Era
The history of revisions in the post-code era began with the establishment of the Permanent Editorial Board (PEB) in 1961. This body was originally charged with monitoring and revising the UCC when and where necessary, with later roles extended to include providing commentary on areas of ambiguities unresolved by official comments or the code (Hamoudi 118-119). In 1962, a full revision of the UCC was undertaken, producing an improved version of the code that was enacted by majority of states over the 1960s. Unlike latter revisions, the 1962 amendments concerned every article rather than focusing on individual articles. Since then, most of the amendments have targeted specific articles. In 1972,
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Its nine articles seek simplify, clarify, and modernize the commercial transactions law in response to the problem of increasingly difficult legal and contractual requirements alongside the challenges associated with state law differences that complicate business transactions across states. The main benefits that have been achieved through the UCC entail ease of interstate business transactions, standardization of commercial expectations, heightened commercial stability, and reductions in business or operational cost. In terms of history, the UCC arose from the efforts of the NCCUSL and ALI. One approach of describing the code’s creation up to its institution in 1952 entails underscoring the apolitical, expert-driven, and consultative process undertaken by the drafters and participants. Such deliberations produced the various articles found in the UCC. Another perspective from which the history of the UCC can be described entails the deliberations and concessions between two groups that shared the vision for modernized trade, but differed in terms of focus on regulation. After the UCC was published in 1952, it has undergone various amendments, first affecting the entire code and later affecting individual articles in response to changes in the business context. In the cases cited, the courts have sought to establish the purpose of the code’s provisions, as well as the uniformity of its application across
Throughout the course of time the elastic clause and the commerce clause has been utilized in court cases and arguments. With time the clauses have changed the fit into the change of society. As represented by various court cases. A variation of interpretations has been drawn out within the time frame of its establishment. A loose and strict interpretation has been implemented in the constitution depending on point of views. Although, the interpretation of the constitution is strictly restricted to the Judicial Branch as concluded in the court case Marbury Versus Madison. The elastic clause is known as congress has the power to do what is “Necessary and Proper”. In contrast, commerce clause is, often, limited with concerning trading issues. Thus concluding, the Elastic Clause has more power rather than the Commerce clause.
A Louisiana attorney is constantly asked by non-Louisiana peers if the state ever adopted the Uniform Commercial Code or if they are still using the old, outdated, Napoleonic Code. Though Louisiana has stark interpretations of the relevance of the UCC, the state has adopted the code in piecemeal. This article is a partial synopsis of introducing readers to a few of the concepts of UCC as adopted by Louisiana compared to the existing principles of the law of sales.
Narrow construction is not found in the Constitution, but the powers granted to Congress to regulate commerce are found. Exactly stated, “Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes.” This clause has no definite interpretation, but has included many aspects of regulating. The word “commerce” is defined as the exchange or buying and selling of commodities on a large scale involving transportation from place to place (Webster 264). Congress has exercised this delegated power in many cases. The nature and basic guidelines of Congress’ power over commerce is first laid out in the case of Gibbons v. Ogden. In addition, the case United States v. Lopez is a prime example of Congress’ ability to carry out the Commerce Clause to the furthest extent. Lastly, the case National Labor Relations Board v. Jones & Laughlin Steel Corporation brings to light the Wagner Act of 1935. Through a review of these three cases, it can be concluded that there are no real limitations on Congress when regulating commerce.
It has moved from an exclusive power of the national government to regulate the trade of good and services on an international level to include interstate activities. The nation is growing and new problems are continuing to emerge. The commerce clause has to adjust also, in order to meet the demands of the changing world and its’ needs. The federal government still has the power to regulate interstate commerce. It still remains the reason for the increased federal regulation on the economy. The national economy is growing. It is no surprise to see that areas such as agriculture, finance industry and other services have increased and been included in laws governing these areas
This essay will examine key aspects of the recent implementation of the Australian Consumer Law (ACL) 2011, which is the largest overhaul in Consumer Law in Australia in the past twenty five years. The ACL replaces 20 existing State and Territory laws into one national law , the legislation was enacted in two main parts as Schedule 2 of the renamed Trade Practices Act 1974 (Cth) (TPA) - Competition and Consumer Act 2010 (Cth) (CCA) . Aforementioned this essay it will outline the key benefits of the implementation of the act. Furthermore it will critique the Act, whilst exploring the objectives of the legislation.
On December 15, 1791 the Bill of Rights was ratified to limit the government 's power, but no one could have predicted how the world would change and how the amendments would be tested. Since the Bill of Rights was written the world has changed drastically. With advances in technology, that the founders of the constitution could have never predicted, many of the amendments are not applied in the same ways as they were when they were written. The Fourth Amendment in particular has changed very much. The modern forms of communication have tested the Fourth Amendment and the government 's responses. Since the Bill of Rights was ratified, there has been constant change in the world and therefore all the amendments have been tested and questioned.
With commercial dealings on the rise in Australia and globally, so too are the complications. If some sort of codification is not established and built from the principals that already exist, commercial opportunities could be in jeopardy due to the uncertainty and risk of not having a clear outline or set of laws to cover contracts generally.
In 1787, The United States of America formally replaced the Articles of Confederation with a wholly new governing document, written by the delegates who attended the Constitutional Convention in Philadelphia. This document, known as the Constitution, has served as the supreme law of our land for the past 228 years. It has stood the test of time and a majority of Americans still support it today (Dougherty). The Constitution was designed in a way that allows for it to be amended, in order to address changing societal needs. Article V discusses the process by which the Constitution can be altered. This feature has enabled it to stay in effect and keep up with current times. The Constitution should not be rewritten every 19 years because it would not only weaken its importance, but it would also hurt foreign relations and continuously rewriting it would give political parties too much power.
There are 33 amendments that have been offered up by Congress of those six flopped ratification by the mandatory three quarters of the state senates and four are officially still awaiting decision before state politicians. Beginning with the eighteenth amendment every amendment that was presented except for the nineteenth amendment and the still unresolved child labor amendment of 1924 has a definite time limit for ratification. There lies a mystery in the very first Thirteenth Amendment, the Titles of Nobility Amendment presented in 1810, which would have eliminated the citizenship of any American acquiring a title of nobility or honor from any foreign power or otherwise, the mystery is whether this amendment was ratified and has been illegally removed from the Constitution (Mount, 2010).
The United States constitution has an amendment process that has been included in the Bill of Rights. The amendment allows Americans to make changes on the September 17, 1789 United States Constitution was ratified and made law. The amendment of the Bill of rights has made America to continue growing in prosperity through the years and to become one of the most powerful nations in the world. The United States constitution was created with an amendment in Article V. This amendment process allows the constitution to adapt to the changes in the American society. The amendment process has made it possible for the constitution to change moderately, than being overhauled, and it has been changed to adhere to the current times and changes.
... also had an amendment section where people had the right to change something in the document. This was what got the Constitution ratified.
In it first two hundred years of operation the Constitution proved remarkably flexible. The nature of the U.S. government changed greatly, but most changes evolved from new interpretations of the document. Formal amendment proved necessary in only twenty five instances, and these occurred mainly in spurts--as during the Reconstruction and Progressive periods. However, many of the twenty five amendments provided for fundamental social and procedural adjustments.
The primary purpose of the “Statute of Frauds” (SOF) is to protect the interests of parties once they are involved in litigating a contract dispute (Spagnola, 2008). The relevant statutes are reliant upon state jurisdictions to determine whether the contract falls under the SOF, and whether the writing of the contract satisfies the requirements of the statute of frauds (Spagnola, 2008). However, all contracts are not covered under the SOF. In essence, for a contract to be deemed as legal by definition of the SOF, there must be verification of the following requirements for formation of the contract, which are as follows: (1) There must be least two parties to the contract, (2) There must be a mutual agreement and acceptance on the price to pay for goods and services offered, (3) The subject matter or reason for entering the contract, must be clearly understood by all parties to the contract, (4) and there must be a stipulated time for performance of duties under the contractual obligations (Spagnola, 2008). Lastly, there are five categories of contracts that are covered under the SOF, which are as follows: (1) The transfer of real property interests, (2) Contracts that are not performable within one year, (3) Contracts in consideration of marriage, (4) Surtees and guarantees (answering to the debt of another), and (5) Uniform Commercial Code (U.C.C.) provisions regarding the sale of goods or services, legally valued over five hundred dollars ($500.00) (Spagnola, 2008).
The United Nations Convention on Contracts for the International
years, have been passed and approved by congress to protect our natural rights. In order to