question on law terms?

Question

What are some differences between contract law and sales law? I need a little bit of info for a report. Thanks

Answer 1

Classical contract theory is the set of ideas and assumptions that underpinned the development of contract law in England and the United States during the 19th century. During this period, the prevailing liberal individualist philosophy of laissez faire elevated contract to a position of central importance in the law.

Classical contract theory was organised around the will theory of contract, which held that a contract represents an expression of the will of the contracting parties, and for that reason should be respected and enforced by the courts. The principles of modern contract law were founded on the concepts of individualism and free will over government intervention. They were encapsulated in a political theory labelled "contractualism" by Morris Cohen.

This approach had two principal effects. Firstly, the courts were reluctant to recognise the existence of non-contractual obligations. Since the law of tort and restitution was still largely undeveloped, the courts tended to perceive social relations in contractual terms. The principles of contract law were seen as objective and neutral, and based on a respect for voluntary choices.

A contract of sale is a legal contract an exchange of goods, services or property to be exchanged from seller (or vendor) to buyer (or purchaser) for an agreed upon value in money (or money equivalent) paid or the promise to pay same. It is a specific type of legal contract.

An obvious ancient practice of exchange in many common law jurisdictions it is now governed by statutory law that is designed to make transactions among merchants and consumers straightforward and easy to understand. See commercial law.

Contracts for sale involving goods are governed by Article 2 of the Uniform Commercial Code in most United States and Canadian jurisdictions, however in Quebec such contracts are governed by the Civil Code of Quebec as a nominate contract in the book on the law of obligations.

See also: Bill of sale

hope this helps..

Answer 2

Sales law concerns the sale of goods (under Uniform Commercial Code) and things like that, while contract law would just apply to any contract that 2 or more parties could make.

Answer 3

Here are some basic contract formation issues: -a contract is not formed unless there has been an offer and acceptance -in the contract, each side must put up consideration; consideration is agreeing to do or not do something. For example, in a typical sale of goods contract, A agrees to give B money, and B agrees to give A "stuff" (i.e., shoes, shingles, whatever it is B is selling). -if A makes an offer (i.e., 10 widgets for $100), B can either accept (and a contract is formed) or make a counteroffer. If B makes a counteroffer, a contract is not formed unless A accepts B's terms. A contract is not formed unless one party makes the offer and the other party agrees to those terms. This is called the mirror-image rule.

Answer 4

Contract law - can be whatever the parties agree to (with some exceptions)

Sales Law - governed in large part by the UCC. However, the UCC was designed as default rules, most of the provisions of the UCC can be contracted around without any problem