Uniform Law

1 . Before the UCC and the UCITA , what was one of the first , and more or less meaning(a) , of the U .S . giving medication s attempts to promote congruity in moneymaking(prenominal) polices from solid ground to state (Hint : think of ` traffic` and ConstitutionOne of the initial and most important of all the attempts made by the U .S . government to promote uniformity in moneymaking(prenominal) laws across states mien to the Uniform Commercial Code (UCC ) and Uniform Computer data Transactions Act (UCITA , is the inclusion of the commerce article in member 1 , Section 8 of the United States ecesis . The commerce clause provides that achieving and maintaining a level of consistency or uniformity in moneymaking(prenominal) minutes occurring in the plain states involves the rallying of the states to refrain fro m the inappropriate dominion of national and orthogonal commercial activities or transactions . The underlying principle for this is that merchants or traders would experience great obstacle in trying to accommodate an eye on with m whatever inconsistent state-level regulations for all(prenominal) single commercial natural action encompassing incompatible states . This bureau that a uniform federal-level regulation should govern interstate highway commerce . As such , states that utilize racist and inconsistent regulations on interstate commerce ar not legal . States can freely impose regulations on commercial activities at heart their jurisdictions but these states cannot impose their regulations on commercial activities occurring on an interstate level if doing so would result to any undue weight down upon legitimate commercial entities (Carrubba Rogers , 2003The commerce clause applies to online commercial activities because online transactions comp rhytidopla sty interstate commerce . The record of the! Internet , such as its broad scope and long reach , gives rise to commercial transactions cutting across state jurisdictions .

This means that online commerce requires a national body of regulation as envisioned by the commerce clause (Carrubba Rogers , 2003However , the commerce clause involved the difficulty of articulating the manner of differentiating allowable and invalid state regulations While it has been easy for the courts to determine discriminatory regulations , there is difficulty in considering the extent that a electroneutral state law imposes undue regulation on commercial transactions including on line commerce (Carrubba Rogers , 2003 ) As such , there is a wide board for legislative and judicial clarification of uniformity in commercial regulations2 . Based on the information presented in a higher(prenominal) place , what do you see as the major differences surrounded by Article 2 of the Uniform Commercial Code and UCITAA occur of profound differences exist amidst Article 2 of the UCC and UCITA . primary , tour Article 2 of the UCC primarily governs transactions arising between merchants , UCITA covers transactions between merchants such as customized software using and rightful(prenominal) acquisition of multimedia products as well as transactions between merchants and end-consumers involving online database access and software distribution (Brennan , 2000 . Second , UCITA notwithstanding governs contracts since it recognizes the principles of duress and fraud , allows the application of consumer protection statutes , works with only if or competition statutes , and aligns with consumer , intellectual property an! d trade qabalistic laws . Third , Article 2 of the UCC and UCITA apply standards for the courts to determine...If you want to ticktack a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper