Contract Formation, Uniform Commercial Code (UCC)

The Predominant Factor Test: Determining Whether the UCC or Common Law Applies to Mixed Contracts for Goods and Services

Bradley Arant Boult Cummings LLP on 6/27/2025

Construction law in the United States consists of two main bodies of legal rules. The first, federal law, applies to contracts involving the U.S. government and its agencies. The second, state law, applies to pretty much...more

Speak Carefully When Doing Business Abroad

Felicello Law PC on 3/4/2022

How many times has a CEO or another executive reached a deal “in-principle” with a non-U.S. company by telephone or over a lunch or dinner meeting? Mostly likely, the dealmaker walks away from the meeting thinking that the...more

A New Commodity in a Traditional Box: Hemp's Commodity Status Demands Appropriate Attention

Ward and Smith, P.A. on 7/16/2021

The United States government federally decriminalized hemp on December 20, 2018, making hemp biomass—the raw, harvested agricultural plant—a commodity like any other crop, such as corn, wheat, or soybeans. The transition of...more

Bar Exam Toolbox Podcast Episode 98: Listen and Learn -- The "Battle of the Forms" under UCC 2-207

Law School Toolbox on 7/28/2020

Welcome back to the Bar Exam Toolbox podcast! Today, we're doing another episode in our "Listen and Learn" series, talking about the Uniform Commercial Code Section 2-207 -- or "battle of the forms", as it's commonly called. ...more

Managing Warranty, Recall, and Litigation Risk for Automotive Suppliers

Foley & Lardner LLP on 2/14/2019

Although the number of total vehicle recall campaigns is likely to be down this year, lower volume recall campaigns are expected to continue to trend upwards, including those involving electrical system components. ...more

Don’t Be Inconspicuous: Disclaiming the Implied Warranty of Merchantability

Foley & Lardner LLP on 2/26/2017

Some of the most important terms in any contract for the sale of goods are the warranties that apply to the goods. In addition to any express warranties made by the seller, the law implies certain warranties in some...more

Commercial Contract Risk in 2017

Foley & Lardner LLP on 2/3/2017

Coming off a record year in car sales, it’s expected that warranty and recall costs will continue to be on the rise. With that in mind, it’s vital that OEMs and suppliers have both their foreign and domestic contracts in...more

Bankruptcy Courts Fail to Enlighten on Electricity as Goods or Services

McDermott Will & Emery on 10/23/2014

Is electricity goods or services? That seemingly simple yet confounding question is illustrated by three recent bankruptcy cases (all of which consider whether an electricity provider is entitled to an administrative expense...more

Best Practices in Drafting U.S. Government Subcontract Terms and Conditions

Foley & Lardner LLP on 9/16/2014

Federal government subcontracts are a hybrid between commercial contracts governed by state law (such as, for the sale of goods, the Uniform Commercial Code) and government contracts governed by the Federal Acquisition...more

Cloud Computing: Evolving Contracting Practices

Davis Wright Tremaine LLP on 5/14/2014

The explosion of cloud computing is creating new common standards and changing industry contracting practices for access to these services. Cloud services providers tend to provide standard contractual terms that are largely...more

How doing business in China without a master written contract in Chinese is like playing roulette in Macau (but playing roulette,...

McCarter & English, LLP on 9/9/2013

A contract is a fundamental basis of commerce. In fact, it’s really a cornerstone of modern society (for example, think of the so-called “social contract” and the “contract with America”). Without going into what every law...more

Contract Formation › Uniform Commercial Code (UCC)

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