Legal Issues

Business
Line is the affect of providing the products (which can be artifact, services or strain) to the customers with the intention of gaining gain by its businessman and providing satisfaction to its consumer.

Law
Law is a set of rules and regulations constructed by the authorities for ethnic moderate.

Responsibility of Mercantilism law
Laws, as we now bed it, has its proximity in every feature same multiethnic law, polite law, common law and umpteen others. Similarly is a set of rules for Commerce law to avoid any controversial thoughts or actions which can alter the ethnical control.

Legislative Operation of Law making
Parliament consists of iii outlined elements
  The accommodation of representatives
  The senate
  The president

For a legislative proposal, this is actually glorious as a Eye shade at that initiate, to metamorphose an Act of Parliament, it has to be passed and approved by the both Houses of Parliament and recognize the Presidents Assent.

Business Aspects
To get to jazz almost Acting Law, we moldiness bang active all aspects of Business and Laws affiliated to these.

(a.) Proffer
A bid is an expression of willingness to contract on given status, prefabricated with the intention that it shall metamorphose back as presently as it is recognized by the being to whom it is addressed.
Wage Great from Invitation to Touch

When parties discuss with a orbit to making a bidding, more prelim subject may license between them before a settled supply is prefabricated. One lot may only act to a pass for information. That receiver is then said to represent an invitation to affect he does not piss a wage but, invites the separate party to do so. The distinction between a supply and an invitation to treat is often strong to standoff as it depends on the artful ideal of intention. But there is indisputable convent

(b). Auction sales
At an auction understanding, the generalized pronounce is that the pay is prefabricated by the bidder and standard by the auctioneer when he signifies his permissiveness in the usual deportment, e.g. by victory of the hammering. Before espousal the bidder may recede his bid and the auctioneer may cease the artifact. It seems, moreover, that the act made by apiece bidder lapses as shortly as a higher bid is prefabricated. Thus if a higher bid is prefab and withdrawn the auctioneer can no yearned support the incoming highest.

(c).Showing of goods for understanding
The systemic measure is that a exhibit of price-marked artifact in a workplace pane is not an act to trade artifact but is an invitation to a consumer to eliminate an offer to buy. Similarly, the communicate of goods on the shelves of a self-service shop is merely an invitation to impact the client makes an content to buy when he carries the artifact to the cash desk, where the tradesman may acquire or deciding it.

(d).Advertisements and new displays
Advertisements of rewards for the denote of unregenerate d or taken construct, or for info leading to the attract or conviction of the wrongdoer of a transgression, are invariably burnt as offers they are clearly prefabricated with the intention to be paper backed as no more bargaining is supposed to prove from them. The selfsame is align of remaining advertisements of unilateral contracts.

Damage and Conditions
To run a activity it may or may not concern the involvement of a bid between two parties. Every commercialism, within or without a change, has its status and conditions to control, which, if not abide d by can guidance downed to closing of the acting.

(a). Position
Whether or not a statement becomes a statue of the contract depends substantially on the intention of the parties. Some statements do not represent tune of the decrease but may feature been prestigious in having a organization save into a contract. Many statements are not component of the bid but if recovered to be fictive can lot up rise to an spreading on the base of misrepresentation.

(b). Verbalize Terms
Verbalize cost are those position that are contained in a decrease and are openly articulated by the parties to the take. Of direction, there is always the release that what was said is actually what the parties deliberate it to intend. The courts unremarkably affirm an objective movement to ascertaining what the parties deliberate by the line they utilized in the fall.

(c). Incorporation by Acquire Indicator
Damage can be unified into an compatibility by shipping compose to a bag organization papers. Hence a denotation to a period much as CIF as defined by INCOTERMS in a diminish is ample to comprise the meaningful ascribed in INCOTERMS as component of the convey position of a diminish.

(d). Silent Damage
Status may be implied in a lesson (1) based on duty or utilization (2) as the legitimate incidents of a fact family or benevolent of sicken (3) based on the presumed intention of the parties where the understood term staleness be requisite to dispense business efficacy to a contract (4) as gathering the officious bystander test as a quantity which the parties would say, if questioned, that they had plainly taken.

Line Effectively
In acting transactions, what the law desires to significance by the implication of a constituent is to relinquish much line effectiveness to the dealings as must hold been motivated at all events by both parties. The court instrument not show a constituent to furnish effectiveness to a get on the cordite assumption that it is sensible to do so still, thoughtfulness of what is fair is measurable in determining whether or not a word should be retinue may involve a quantity if much an implication needs arises that the parties moldiness hump knowing that the suggested concession should exist. It remains that the constituent silent into the dealing moldiness be required to communicate effectuality to the bridge.

Status Silent by Law
Damage can be implicit in a hire mostly on the basis of written.
Marketing of Artifact Act Chapter 8230 (Revised Laws of Island and Tobago, 1980) as amended by Act No. 11 of 1983
14 (1) In a contract of sale  there is an silent procedure on the component of the trafficker that in the occurrence of a marketing he has the sect to delude the goods
(2) In a bidding of occasion, there is an tacit warranty that
(a) The artifact are unconfined, and testament stay clear until the measure when the prop is to give  and
(b) The vendee leaves like tranquilize firmness
16 (2) Where the marketer sells artifact in the education of byplay, there is an understood statement that the artifact supplied low the sicken are of salable propertied, object that no specified term -
(a) As regards defects specifically haggard to the buyers attention before the change is prefab or
(b) If the emptor examines the artifact before the bid is prefab, as regards defects which that test ought to reveal.

Conditions
Conditions are damage that is advised to be desperate to a hire, the breach of which may entitle a band to terminate the bidding and seek correction from the courts.

Warranties
Warranties are mostly reasoned to be status that time of standing in their own rights does not unmake a diminish if breached and thus the offensive receiver may be held unresistant for amends but the lessen cannot be terminated by the broken party.

Exemption Clauses
It is now ordinary in contracts to see a lot hunt to minify or disappear liability with respectfulness to particular aspects of that partys action of its contractual obligations. A party relying on an immunity section that limits or excludes bad staleness from the act protest that the subdivision is merged in the take (by manner, mention or class of treatment) governing his action of the hire and that it provides endorsement against the consequences of the severance of engage for which he is accused. Unfortunately if these considerations are recognized in benignity of the soul in break, there are still several hurdling that staleness be defeat in organization to base the operability of the immunity section. The law of freedom clauses has been revolutionized by the Unsporting Bidding has been caused to conception excluding obligation on the effort of a remiss party, this can exclusive be relied upon where react of the exemption clause has been tenable.

Content
For a employ to be costive, it staleness be prefabricated by parties with the requisite power, that is the lawful knowledge to attain the diminish. There are individual factors that may result on a persons knowledge to promise. A mentally ill being or a juicer being may represent that they are not sure by a employ made during a point of sickness or inebriation. This word would be based on the thought that at the quantify of the making of the promise they lacked the susceptibility to believe the implications of the take and hence ought not to be brass bound by the take. In the person of league, there may be no supply of the intelligence of a limited but the courts fall of a man, too topper to mate what he is active, is revocable only, and not space, and thus confident of agreement by him when he becomes inebriated.

Mentally Ill
A diminish prefab by a human of speculative intent is not revocable at that persons deciding if the new set to the get believed at the dimension he made the decrease that the someone with whom he was treatment was of secure watch. In order to avoid a evenhandedly promise on the connection of insanity, the rational incapacity of the one must be glorious to the different of the acquiring parties. A suspect, who seeks to refrain a sicken on the connector of his insanity, staleness plead and grow, not simply his incapacity, but also the plaintiffs knowledge of that fact, and unless he proves these two things he cannot follow.

These are the historic and needful aspects to translate Playing Law.

The American society today faces a number of security challenges coming from both external and internal groupings. Whereas the American government has stood firm against external aggression, it still has a long way to go in tackling the internal security challenges, particularly with citizens being allowed by the law to possess guns. And with the increase of criminal activities using guns, particularly amongst children, there has emerged a fierce debate on whether American citizens should be allowed to have fire arms at home.

The Controversy on the Bearing of Arms
There is a constant tag of war between those people who want arms to be controlled by states and those who feel that such controls will tantamount to subverting the Second Amendment, hence stifling individual liberties. According to Alliance for Justice, the Second Amendment of the U.S. Constitution provides that a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. They offer an example of a last year case where this right was upheld by the Supreme Court in the District of Columbia V. Heller, the court upheld that the Second Amendment protects the right of an individual to possess and carry weapons in cases of confrontation.

Contrarily, other organizations like the Brady Center to Prevent Gun Violence advocate for control of guns through education, research and legal advocacy. In that vein, this organization harshly blames Obama for signing into law more repeals of federal guns than his predecessor and that he has failed to honor his campaign pledge of enacting strong new gun laws. The organization accuses Obama for not pushing for legal reforms that would enable background checks at gun shows, prohibit the sales of guns to suspected terrorists and give law enforcers the tools that they need to crack down on corrupt dealers and traffickers. ( HYPERLINK httpwww.bradycampaign.org httpwww.bradycampaign.org)
However, as observed by Carter, states have so far struggled to ensure that citizens do no take advantage of the Second Amendment to advance lawlessness. This is best illustrated by the verdict of States v. Kessler (1980), in which Kessler was charged of being in possession of a slugging weapon at his home in addition of behaving disorderly in the public. Kessler had argued during the trial that the charge of the slugging weapon within his home was a blatant violation of the Oregon Constitution, Article I, Section 27, which stipulates that people have to bear arms for their own defense and that of the state. He further argued that that Article of the Oregon constitution offered him the liberty to possess weapons of self-defense within his own home. (556)

Carter points out that that the state countered Kesslers assertions by stating that it had a reasonable right to put regulations on the possessions of such weapons with an aim of promoting the safety of the public.  While processing Kesslers claims, the court desisted from drawing a comparison to the Second Amendment, noting that this amendment is yet to be incorporated through the Fourteenth Amendment that limits states actions. (556)

The Law, Children and How to Protect Children from Accessing Guns
The debate on guns possession enters into another dimension when it comes to children accessing guns and using them to commit crimes or avenging their peers. According to The Hotline, a journal on American issues, the United States continues to lead the world in child deaths from firearms. Children in the United States die or are badly injured, either because their parents or some other gun owners do not carefully store firearms. Subsequently, when children access these loaded arms they end up using them unintentionally on themselves or other children. Additionally, older children are more exposed to the risk from horseplay with available guns whereas teenagers use guns to carry out suicides and criminal activities. (1)

The journal further states that the rates of gun violence dramatically rose during the 80s and the early 90s, claiming lives of the American children. But from 1984 to 1994 there was a 222 increase of firearms deaths of children between 15-19 years of age, whereas the there was a 13 decrease of death rate from non-firearm homicide. Even though there has been a remarkable decrease of deaths from gunfire since 1994, firearms are still expected to overtake motor vehicle accidents as the leading cause of death amongst children. (1)

So far, according to Hotline Journal, there are very few laws that govern childrens access to guns. The Brady Law made it illegal for children under the age of 21 to purchase handguns from licensed dealers, even though there is a loophole that still makes it possible for 18-21 years olds to buy handguns from private or unlicensed individuals. For instance, the shooters in the Columbine High School massacre used four guns that were bought at gun shows, out of which three were purchased by an 18 year old who didnt have to undergo background check. (3)

The report in Hotline Journal concludes that, each state has different laws governing the transfer and possession of guns by juveniles. Most states permit teenagers to possess long-guns, including assault weapons. Besides, the Children Access Prevention (CAP) laws have been passed by 18 states. These states hold gun owners criminally liable if children access their weapons and in the process hurt themselves or somebody else. This law has been quite effective in cutting down firearm deaths amongst children. A 1997 study published by the Journal of the American Medical Association demonstrated a 23 decrease of accidental deaths of children from firearms. (3)

School Massacres
The massacres that have occurred at schools have prompted questions on the responsibility of parents and the society at large, to stop these incidents from happening. Often, these questions have ended in shifting the blame on both parents and the society. But in essence, both parties are to blame for the shootings that have occurred in schools and therefore, they both play a significant role in ensuring that they do not happen.

In trying to demonstrate how the society is responsible, Webber argues that many studies on the causes of adolescent violence have put much emphasis on understanding the rational basis of school violence, yet it is hardly clear what rationality has to do with any of the school shooting incidents without pointing at a rationale, which the public affirms. These studies are based on the reasons students are giving for committing the violent acts and due to that, they are invariably led to control for other factors in the violent acts, including the location of the institution, the identity characteristics of the actors and their interplay and the focus of the object of the violence. (33)

Webber concludes that school violence can best be understood through rational perspectives and because any offense can be apportioned a rational justification, the problem lies with the value-system that underscores the culture and society in which the child lives. This social interaction perspective brings forth a merge of a pattern to violent behavior, which stems from the negative impact of violent culture in the sense that adolescent behavior predictably mirrors the cultural symptoms. Consequently, the only way to change such behavior is to change the value-system. (33)

On the other hand, parents too have a responsibility to ensure that children are kept away from firearms. Bernstein observes that the weapons that children use at school often come from their homes. Many times, their homes appear to be normal from outside yet they are usually dysfunctional. For instance, an uncontrolled conflict between siblings can cause tremendous anger in a child, which the child could express outside their home, mostly at school. The parents of such children often do not know what their children are doing. These children come from homes where everyone keeps to themselves and there is little communication between the family members. Their parents are mostly inconsistent in playing the parenting role, thereby further angering their children. This frustration builds hatred in the child and heshe feels justified to vent it out through firearm violence. (89)

Bernstein offers that the most effective way of preventing school shootings is by involving both parents and teachers parents must be closely involved in the lives of their children they need to be honest with their children and provide support if they spot any sign of maladjustment on their children. And on the other hand, schools should have zero tolerance for any violent acts, providing the consequences routinely. (89)

Obama on Gun Control
President Obama has signed a number of gun laws, which have unruffled the feathers of anti-gun advocates. According to Chapman in Reason.com, an online magazine, Obama has signed a law that permits for guns to be taken into national parks. Besides, he signed another law that allows guns as checked baggage on Amtrak and he has also acted to preserve an existing law that limits the use of government information on the firearm it has traced. And this goes a long way in demonstrating that Obamas administration has tremendous respect for the Second Amendment.

Carrying Firearms for Protection
The carrying of firearms for protection has become a necessity in todays American society and this is for a number of reasons. As mentioned by Benson (1986), any dismal performance of law enforcers invariably results into a rise in violent crimes. An increase in criminal activities today doesnt only point to police inability to tackle crime but also the necessity for self-protection. In essence, the general public is of the idea that crime is on the rise and people are now reacting to this concern. If anything, the firearms that are used by private citizens brings with it a number of security advantages one of which being that this helps to deter crime. (75-77)

In this case, the carrier of the machine should have been International Forwarding Limited (IFL), according to the contract entered between IFL and the Hong Kong Import Limited (HKI). However, given that IFL did not actually transport the machine, Fast Shipping Limited was the actual carrier.

The reason that IFL is a contractual carrier is because they did not actually undertake the shipping. Instead, they contracted another company, the FSL. This could be due to the fact that IFL did not have its own ship to transport cargo.

As such, in the event of any breach of contract, Hong Kong Import Limited would be in a better position to question the company, which actually handled the transportation, Fast Shipping Limited. Since IFL promised to transport the cargo as required by HKI, and entered into a contract for the same, they should have been the carriers, a responsibility that they passed on to Fast Shipping Limited (FSL).

Given that a contract was entered between Hong Kong Import Limited and International Forwarding Limited (IFL), the importer (HKI) authorized IFL to transport the machine, in the understanding that IFL was the carrier. However, the real carrier was Fast Shipping Limited.

Subsequently, it is unlikely that the carrier would be liable for the cargo damage, since they did not enter into any contract with the importers, who are seeking compensation. Moreover, Fast Shipping Limited, the actual carriers spelt out clearly in a special clause that any cargo on deck was shipped at shippers risk. This was made clear to International Forwarding Limited (IFL), who represented themselves to Fast Shipping Limited, the actual carriers, as the shippers.

However, the shippers cannot claim compensation because the carriers were clear in a special clause that they do not take liability for goods shipped on deck. They are therefore relieved of any liability, since their terms stated that they would not be liable.

Facts
According to this case, the facts are that Hong Kong Import Limited contracted International Forwarding Limited (IFL), believing that they would undertake the transportation, as the carriers.

However, International Forwarding Limited (IFL) instead appointed another party to execute the transportation, and they instead purported to be the shippers, while they claimed that the genuine shippers were their agents.

The purported shippers did not ask for the cargo to be shipped under deck, as the real shippers had instructed. IFL did not therefore carry out the wishes of HKI as they had promised.

As such, the contract between IFL and HKI was not honored to the latter.

IFL falsely claimed to be the shippers of the cargo, and agreed to the terms and conditions of the actual carriers.

Legal issues
The legal issue here is misrepresentation of facts. This is because from the contract entered between the actual carriers and the supposed shippers, there was no breach since the carriers absolved themselves from liability from the onset, and IFL did not object or request for the cargo to be shipped under deck.

IFL falsely claimed to be the importers of the cargo, while purporting that the genuine importers, HKI, were their agents. As a result, an agreement was made between IFL and FSL. HKI were not privy to this contract in any way whatsoever.

Although HKI contracted IFL, the contracted party went ahead to contract yet another party, whereas the critical aspect of the initial contract with HKI was overlooked or forgotten in the second contract.

Much as the request to ship the cargo under deck was oral and not on the written contract, IFL promised HKI to ensure that the cargo would not be shipped on deck.

Indeed, There is an old joke that, an oral contract isnt worth the paper its written on. That is a reference to the fact that it can be very difficult to prove that an oral contract exists. Absent proof of the terms of the contract, a party may be unable to enforce the contract or may be forced to settle for less than the original bargain. Thus, even when there is not an opportunity to draft up a formal contract, it is good practice to always make some sort of writing, signed by both parties, to memorialize the key terms of an agreement.

Law
Considering the facts involved, the right law that could help to resolve this problem would be the law of misrepresentation.

Misrepresentation refers to a statement made by a party to a contract that induces another to enter into a contract, which can be interpreted, as false or untrue. The misrepresentation must be both false and fraudulent, in order to make the party making it liable for damages.

Restatement (Second) of Torts  552, defines a negligent misrepresentation as
One who, in the course of his business, profession or employment, or in any transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions, is subject to liability for pecuniary loss caused to them by their justifiable reliance upon the information, if he fails to exercise reasonable care or competence in obtaining or communicating the information ( HYPERLINK httpdefinitions.uslegal.commmisrepresentation httpdefinitions.uslegal.commmisrepresentation).

Application of the law to facts
Basing on the law of misrepresentation, HKI was falsely led to believe that IFL would ship its goods, and subsequently made to enter into a contract that IFL.

However, IFL went ahead to contract another party, the FSL, claiming that HKI was their agent, which was not true.

IFL should have made sure that the machine was transported under deck to avoid damaged, since they were acting on behalf of HKI, and HKI had pointed out exactly how they wished the machine to be handled. IFL failed to ensure that this instruction was followed, which makes them liable for misrepresenting their client by failing to ensure that all the directions are followed as instructed.

The subsequent contract made between IFL and FSL did not address the issue of transporting the machine under deck, as clearly requested by HKI, and promised by IFL.

In this case, therefore, HKI can only file a suit against IFL under the law of misrepresentation, and argue that they were misled to enter a misleading or false agreement.

Conclusion
HKI can only have a case against IFL if they decide to pursue a misrepresentation case.

However, basing on their contract, HKI do not have sufficient grounds to seek for compensation for damages from IFL, because the agreement to ship the cargo under deck was oral and not documented anywhere. There is no proof that IFL assured HKI that the cargo would not be shipped on deck.

Moreover, HKI cannot seek any compensation from FSL because they have no contract whatsoever, and there is no basis of engagement between the two parties. In fact, FSL know HKI as agents. On their part, FSL made it clear from the onset that they would not be liable for damages from transporting goods on deck, a fact that the purported shippers, IFL, did not contest.

Consequently, HKI only have the alternative of suing for false representation, since there is no sound basis for breach of contract. HKI should have instead made a direct written agreement with Fast Shipping Limited as their carriers. In this event, HKI would be able to easily seek compensation on the basis of a breach of contract.

Whether or not the education expense incurred by Mary is a deductible expense.  The deductibility of education expense is a factual issue which requires an examination of the facts obtaining in the present case.

The provision in the regulations implementing the Federal Income Tax Law is explicit.  Section 1.162-5 thereof clearly provides two (2) requisites for the deductibility of education expenses, in this case MBAHCM programme, to wit if the education maintains or improves skills required in the current job or if the education meets the express requirements of the individuals employer or the requirements imposed by law to maintain his or her employment status.

The circumstances obtaining in the case of Mary are in all fours with the first paragraph.  As expressly recognized in the law, it is sufficient for MBAeducation expense to be deducted when the education maintains or improves skills required in the current job.  It is a widely known principle in statutory construction that when the language of the law is clear, the same no longer requires further construction.  As in this case, the language of the provision could not be made any clearer.  It is sufficient that the education maintains x x x the skills required in the current job (emphasis supplied).  It could not be made any clearer that the same can likewise be deducted when the education improves the skills required from employees.

This provision of law can be applied without regard to the fact that the employee is qualified and is accepted for another position in another trade or business (Singleton-Clarke vs. Commissioner of Internal Revenue Summary Opinion, December 02, 2009).

Clearly, the achievement of Mary of further taking her masters degree keeps her abreast of current developments in the field of nursing, in relation to the roles of nurses as aids of doctors in major medical procedures and in the functions of being a performance management coordinator.  It could not be gainsaid that nurses play a major role in medical practices.  Their valuable assistance in medical operations for instance, could not be doubted and could not be dispensed with, the same with the position presently held my Mary.  It is but important that they are made aware of current trends and developments that medical experts are up to.  Experience may not be enough to equip them with recent advancements.  Thus, the masters degree clearly provides them with the opportunity of keeping them informed.

Second point is the requirement required by the employer himself for the position held by Mary.  The position of a Performance Management Coordinator prefers an employee to have a Masters Degree in Nursing.  Clearly, the position requires an employee not only to have several years of experience on any related job but must also have obtained further education.  This is a tacit recognition on the part of the employer that its employees must be kept abreast of medical advancements and developments which can be obtained by completing a degree on further studies.  Moreover, it is a tacit recognition that the skills required in the previous jobs held by Mary, while needed in the present position, are a bit different with the requirements in the present job, the reason why a preference for further studies is needed.  This is in line with the principle enunciated by the high court in the case of Weiler v. Commissioner, 54 T.C. 398, 401-402 (1970).  Moreover, it can not be gainsaid that the preference for a masters degree on the employee is required to do an advantage for the employer.  As such, the tuition fee reimbursement is considered as falling under business expense, and consequently is deductible from the employers gross income, for purposes of taxation (No Author, 2010).

The foregoing premises considered, Cherry Hospital may rightfully reimburse and be entitled to a deduction on the education expenses for the MBA of Mary.

The international court of justice is not the first world court. It was formed in 1946 based on international convections and treaties. The predecessor was an organization which was formed in 1921. The international court of justice which is based at Hague solves civil disputes for members of United Nations. The earlier judicial body was the Permanent Court of International Justice. This organization was based on the League of Nations (Jennings, 1995). International court of Justice was started in 1946 and deals with matters concerning international law formulated through treaties and convections. It has binding decisions but limited enforcement powers.

There are various procedures followed in the world court. The world court is comprised of 15 judges who are elected by party countries and serve for a term of nine years. The decisions made by world court are based on international law. It handles civil cases presented by United Nation member states. Disputes are addressed upon agreement with the countries concerned. The countries involved must agree to offer the case to the world court (Jennings, 1995). The procedures followed are not similar to any US court since the procedures are based on international law formed through convections and treaties.

Advisory opinion is an opinion given by a court in situation where there is no controversy. The concern in advisory opinion is interpretation of legal matters. Advisory opinion is offered in certain situations. Advisory opinion may either be exposed to public or kept under cover depending on the parties involved and nature of the opinion. Advisory opinions are offered by courts which mandated to do so. The court which offers advisory opinions is not involved in adjudication of a certain legal case (Bodie, 1995). They offer advice concerning interpretation of law.

Question 1
There has been a concerted effort from the government in its strive to achieve equitable consumer protection through institution of rules and bodies to look after the concerns of both manufacturers and consumers in the information sector. There has been an effort by the government to promote favourable trade practises between different states in this country. First, the Commerce Clause gives the congress power in business regulation across states. Such power extends its mandate to communication through media and other major forms. This has had a lot of effect on the ability of government to control transactions in other sectors tat are dependent on communication. On April 1933, a presidential order was issued by Roosevelt forbidding the hoarding of gold coin and gold coin certificated.

This was followed by a passing of legislation by the senate suspending the gold standard which existed in the constitution. Through this Act, the gold system was replaced by the monetary system. This brought about the introduction of the Dollar Bill which was more acceptable in most of the states as means of exchange for goods and services between different states. By 1950s, similar efforts were applied in order to govern and bring uniformity over a wide range of transactions in trade borrowing, contracts involving members of one state or the other (Marsden, 2000). This was done by institution of the Uniform Commercial Code (UCC).  In the field of information, the National Conference of Commissioners on Uniform State Laws (NCCUSL) has drafted a law known as the Uniform Computer Information Transaction Act (UCITA) that is aimed at guiding transactions relating to software and related forms of computer information.

Question 2
By design, the Article 2 intended to facilitate the sale of tangible and movable goods at the time of identification to the contract for sale now and in future. On the other hand, the UCCITA intended to facilitate the licensing of the computer related information and property. In addition, intends to give the buyer of such material power over the normal intellectual property requirements (Lessig, 2005).

Question 3
By definition, selling refers to the act of passing the right of possession from one party (the seller) to the other (the buyer) in a transaction based on an agreement to pay for the exchange in form of a price which is commonly known as the offer price. On the other hand, licensing involves a legal agreement between two parties which grants one party authorization to implement a given right over a given item. In this sense, by selling, one passes the absolute rights of possession and use of a product to the buyer, where else in licensing one only allows the second party to use a product for a given charge and a certain period of time but does not lose the possession of the good to the user.

Question 4
After some period of existence, UCC was faced by criticism over its failure to meet the consumer concerns. These concerns were based on the controversy over the imbalance in the Article 2 especially its lack of fairness in the treatment to software users in the field relating to computer transactions. Measures to formulate changes in the Article 2 of the UCC were put into place. The Amendments made on the Article 2B of the UCC became the foundations of the UCCITA. However, it was faced by criticism of interfering with the copyright laws as contained in the copyright act. A closer scrutiny of the law found UCCITA liable to contravening sections of the constitution (Thierer, Crews, 2002). In respect to this, the drafters saw the necessity of proposing this Act in a separate form from the Uniform Commercial Code. Concisely, UCCITA intended to create a greater focus on the treatment of consumer rights.

Question 1  Pre-UCC and the Commerce Clause of the United States Constitution
American contract law has long been complicated by its federal nature.  More specifically, because the federal government and the fifty state governments all have the power to legislate with respect to contracts and commercial transactions, there have been many circumstances in which laws conflict.  These contract law conflicts are important because they increase business risks and they inhibit the more pervasive expansion of commercial relationships because of inconsistent or uncertain types of laws governing contractual arrangements.  The main policy objective underlying the Uniform Commercial Code, specifically related to the application of contract law to the sale of goods in a federal system, was the creation of legal uniformity in ways that promoted commerce and which increased business confidence.  Prior to the creation of the Uniform Commercial Code, however, the regulation of interstate commerce in Americas federal system was primarily controlled and informed by the Commerce Clause of the United States Constitution.  Generally speaking, problems arose in an interstate business context with respect to contractual agreements and consequences because Many constitutional provisions are vague, like the commerce clause. Saying that Congress may regulate commerce among the several states just doesnt tell us whether the local sale of barbecue is included in Congresss interstate commerce power HYPERLINK httpwww.questiaschool.comPM.qstaod62565752(Feinman, 2000, p. 19).  The problem was that contractual agreements needed more specificity, the Uniform Commercial Code was designed to provide more specificity in a uniform manner, and the Commerce Clause became less relevant as states voted on and adopted the Uniform Commercial Code with certain variations.

Question 2  UCC Article 2 and UCITA Differences
It is important to note that the Uniform Computer Information Transactions Act is not intended to supersede Article 2 of the Uniform Commercial Code quite the contrary it is intended to deal with a specific type of commercial transaction in ways that recognize the differences between commercial transactions involving the sale of goods and the licensing involved in a variety of different computer-related transactions.  The first major difference is that the UCITA is designed to deal with commercial transactions involved with licensing contracts rather than an outright sale of goods.  The precise rights covered by the contracts are therefore different in several respects.  Other major differences include the fact that the UCITA, because of its coverage of information as opposed to goods, implicates some unique free speech issues and that the UCITA must attempt to harmonize unique demands by the industry and the consumers (Jaspen, 1999).  Specifically, the UCITA is designed to regulate a slightly different type of industry in which small companies make up an important part of the industry and in which consumers are more dependent on technologies that promise transparency.  In sum, although they have similar goals in terms of uniformity, these two legislative regimes are quite different in several respects.

Question 3  Sale of Goods versus License
As a general rule, the sale of goods involves the transfer of all ownership rights whereas the license envisions the transfer of certain uses without conveying full ownership in the underlying property.  It is certainly true that the sale of goods may involve certain contractual conditions, such as security interests dependent on the payment of a debt related to the goods, but in general the sale of goods involves a transfer of all rights to the underlying property.  On the other hand, and what the UCITA addresses, A license is, simply stated, permission to do something the granting party (the licensor) has the right to otherwise prohibit HYPERLINK httpwww.questiaschool.comPM.qstaod113555031(Poltorak  Lerner, 2004, p. 1).  The grantor of a license therefore retains many more legal rights than the grantee of a license.  Although there are some similarities between the sale of goods and the license, the differences are quite significant.  There are also a greater number of rights that can be granted, qualified, and created in the form of a license than is the case with a traditional sale of goods.

Question 4  Reasons for Severing UCITA from the UCC
It would appear that the UCITA was eventually treated as a separate uniform law because its provisions could not be neatly harmonized with the provisions of Article 2 of the UCC.  The differences, as have been previously mentioned in this paper, are such that computer information transactions demanded an entirely separate legislative regime.  Had modifications been made, it seems likely that there would have been immediate and endless litigation and that the policy goals relating to uniformity and business stability would have been defeated.