Scope of the Uniform Commercial Code; Survey of Computer Contracting Cases

• Published in: The Business lawyer 1988-08, Vol.43 (4), p.1513-1554
• Main Authors: Boss, Amelia H., Woodward, William J.
• Format: Article
• Language: English
• Subjects: Bankruptcy; Commercial law; Computer software; Computer systems; Computers; Contract provisions; Contracts; Defendants; Disclaimers; Equipment leases; Federal court decisions; Fraud; Leases; Misrepresentation; Plaintiffs; Security interests; Software; State court decisions; Subcommittees; Task forces; Torts; Uniform Commercial Code; Uniform Commercial Code-US
• ISSN: 0007-6899; 2164-1838

Through its subcommittees, the Committee on Uniform Commercial Code (UCC) has monitored legal and legislative developments affecting the UCC. The Ad Hoc Subcommittee on the Scope of the UCC has identified as topics for study the areas of service contracts and "intangibles" such as computer progams and intellectual property. The Services Task Force has perceived a need for clarification about the applicability of UCC Article 2 to service contracts and concluded that the issue of whether the law governing service contracts merits separate statutory treatment should be explored further. The Computer Services Task Force has recommended the study of software contracting. In April 1987, the Electronic Messaging Services Task Force was formed to examine how well existing contract law, and particularly Article 2 of the UCC, accommodates changes in business practices regarding electronic messaging. There have been case law decisions in the areas of: 1. establishing contractual relations, 2. arbitrability of disputes, and 3. applicability of UCC Article 2 to computer contracts.