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Joined: Jan 2002
Posts: 511
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Sidelock
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Sidelock
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Joined: Jan 2002
Posts: 511
Likes: 10
This like a bad bar exam question (shivering). Well phrased. It's been too long since I noodled through transactions so I don't feel comfortable pontificating on an answer.

Great question!


Around the steel no tortured worm shall twine.
Joined: Apr 2011
Posts: 227
Sidelock
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A couple things....The UCC is state law if the state in question has adopted the uniform Code. It is not a question of Federal law and interstate transactions would look to the states conflict of laws statutes.... Consideration can also be a "promise for a promise" and is not an issue as to the applicability of the UCC. Also the UCC only applies if there is a written contract if the value of the goods is over $500 triggering the Statute of Frauds... It can also apply to individuals. Since the FFL would be considered a merchant in the business the agency relationship created between the buyer or seller would make the buyer and seller a merchant as well for UCC purposes.... In bailments and agency law would be a determining factor , that is basic common law contract law would be considered as well as UCC. If there is a conflict between the basic contract law and UCC usually applies but the UCC is not necessarily " uniform" between all states as there are variations between states adoption of the Code. Each situation would look the "custom in the trade"... That is the usual methods used to transfer guns, will look to basic contract law...and maybe UCC principals. I agree with Jay....too long an answer since there are too many " what ifs" to even try to answer this question.

Last edited by Condor; 08/02/13 09:08 AM.
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