Summary A Louisiana attorney is constantly asked by non-Louisiana peers if the state ever adopted

700 WordsApr 23, 20193 Pages
Summary 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asked by non-Louisiana peers if the state ever adopted the Uniform Commercial Code or if they are still using the old, outdated, Napoleonic Code.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. Key Learning Points The Uniform Commercial Code remains under study by the Louisiana Law Institute. The Uniform Commercial Code presumes that most states are based on English Common Law. Louisiana was, as remains, based on the French Napoleonic Code and theories…show more content…
457). Getting a loan from the bank is not a sales since an intangible claim is passed from seller to buyer. Something is a good if the item is tangible and movable. Thus, selling the rights to a trademark is not a sale of goods because the trademark is not tangible. Likewise, the sale of a residence is also not a sale of goods because the home is not movable. The UCC will govern the dispute only if the "goods" criteria are satisfied. The Uniform Commercial Code has language that requires certain sales of goods contracts to be in writing in order to adhere to the law, commonly known as the Statute of Frauds (Beatty, Samuelson, & Bredeson, 2013). The general rule for a sale of goods contract is that if the price for the goods are over $500, the contract must be in writing (Beatty, Samuelson, & Bredeson, 2013). In contrast, Louisiana interprets both "sale" and "goods" differently, hence the rejection of Article 2. In Louisiana, sales of future goods and services are also covered. No effort is made to distinguish a sale from other transactions (Callens, 2012). This left to the pre-existing law or individual interpretation by a judge. A sale can be future claim, an oral mutual agreement for future transfers, or the usual exchange for goods and services for a price as stated in the UCC. "Goods" in Louisiana, specifically those attached to real property, causes some confusion with

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