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Thread: Remedy and the Uniform Commercial Code

  1. #11
    Senior Member
    Join Date
    Mar 2011
    Within the confines of my own skin.
    Quote Originally Posted by allodial View Post
    Simply if its not applicable to you then there is no relevance to you. There is no assertion as to the applicability to you. In case you are unaware, commercial law is all about contract law. I'm unaware of promises or covenants being taken lightly in "the Bible". If it is inapplicable to you then the thread should have zero relevance to you. However, there ARE folks that are in a different situation than you and therefore the thread is for them--not for arguing to whom or to what the UCC applies to.

    Also, as to what "belief" you are adverting settlement upon, it is unclear. What is clear, this thread is not about what motla68 does or does not have to do as far as I know. If you would like to start a thread teaching why the UCC doesn't apply to anyone, anywhere to the extent that it would serve to edify, that would be great. The point here is to encourage a fruitful perspective on the UCC.


    The great thing about the UCC is that one can glean a lot from various "disciplines of law" by studying it. But to study those various disciplines would be fruitful than to simply study the UCC. Contract law is at the heart of the UCC because a check or bank draft is itself a type of contract customarily reduced in size. A check is an order to perform accounting. Therefore contract law and accounting are foundational to the UCC. It would be no surprise to I, Myself that any law student that hasn't studied accounting would choke severely on the UCC. From my perspective, it is an inferior system of laws and codes for inferior systems. However, there are folks that might be in a different situation than motla68.
    You got that right. People have options though of how to live their life and most do not know that they do. So far as the bible goes, I do believe it also says something about having 2 masters and to whom's deity/diatribe to choose in all seriousness, God-conscience or God-common.

  2. #12
    Found it. From ABCs of the UCC Articles 3 & 4 2nd Edition:

    It is important always to keep in mind that the UCC is state law. When a question involving a negotiable instrument touches upon federal law or involves a federal instrumentality, the law of the United States, rather than the UCC, may govern. The supremacy clause of the United States Constitution makes federal law supreme whether Congress, a United States court or a federal regulatory agency issues the law. This means as well that a note issued by the federal government is subject to federal law, not the UCC.

    On occasion, federal law reaches results that be seen as inconsistent with the UCC. For example, in United States v. First National Bank, 263 F.Supp. 298 (D.Mass. 1967) Judge Wyzanski ruled that a postal money order which stated conditions on transfer and arguably lacked words of negotiability was nevertheless negotiable under federal common law.
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