Sagot :
Answer:
Answer 1 = Absolutely yes.
Answer 2 = Yes.
Answer 3 = Yes, it does provides.
Further explanation is discussed below.
Explanation:
So, in this question, we asked three more questions, which will be answered accordingly.
Q1. Does the UCC provide for more creative methods to deal with a breach of contract than does traditional common law?
Ans: Absolutely yes.
How?
Explanation: Firstly, there isn't any need for the provision of privity of contract in UCC in case, one desires to sue someone. On the contrary, in common law, it is the requirement to have privity of contract if one desires to sue someone.
Additionally, in UCC there are no harsh damages in case of fraud and it permits the buyer or purchaser to preserve a reputable title. While on the other hand in common law, there are harsh damages present.
Lastly, in the case of breach, discharge happens when the contract is destroyed. Contrastingly, lack of practical means leads to discharge of the contract.
Hence, it can be said from the above arguments that UCC does provide more creative ways than common law.
Q2. Does the common law provide any relief for a breach other than money damages?
Ans: Yes
How?
Explanation:
In case a person has breached the contract then he/she will be forced by the authorities to fulfill the terms and conditions of the contract. Moreover, escape from the contract is possible for the person or party who hasn't breached the contract along with harsh punishments for the party who has breached. Lastly, in order to avoid people from breaching again, some liquidation punishments are enforced. Therefore, common law does provide relief other than money damages.
Q3. How could the UCC be characterized, if at all, as providing more flexibility for merchants?
Ans: Yes, it does provides.
How ?
Explanation:
In common law, contracts are very shady and ambiguous on terms and conditions between the merchants which leads to quarrel and disorder. But UCC permits them to come to contract with complete agreement only. Furthermore, common law requires a stated price in the contract however UCC doesn't require this criteria. Additionally, warranty exists in UCC which depends on several factors such as, merchant's promise, merchant's fitness etc.