Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Are you looking for just the facts on this so you can then build your own work around it?
Here is the information:
Before UCC/UCITA federal attempt at uniformity:
- Commerce Clause of Constitution gives federal govt. full control over "interstate commerce" (commerce between the states)
- Interstate Commerce Act of 1887 created Interstate Commerce Commission to regulate interstate commerce
Differences Art.2 vs. UCITA:
- Art. involves sales of tangible goods but UCITA involves sale of computer goods (software, databases, code, etc.) which may or may not be tangible.
- UCITA warranties give consumers fewer rights to return products than Art.2 does
Sale vs lic.:
- a sale gives a buyer all rights of ownership and removes all control over the item or product from the seller. A buyer has the right to use the product in any way, the right to sell the product to others and the right to control how others can use the product, no limits.
- a license provides a buyer only limited rights and the seller of a license retains all rights and can tell the buyer what he can and cannot do with the licensed product or item
Why separate act:
- Art.2 deals with tangible goods but UCITA does not only involve tangible goods
- Different legal rights involved in each sale/purchase
- Different warranty rights and protections
- these make it too difficult to keep these together
Please remember to accept your answer so I can be paid for my work. Thank you and please let me know if you have any questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).