Cecily Zamora
Contract law is a law that contains agreements between individuals, commerce, and groups. It is made up of seven key elements: mutuality, capacity, offer, legality, acceptance, certainty, and consideration. Sources of contract law are grouped into four categories: administrative law, the Constitution, federal and state case law, and federal and state statutes. The Uniform Commercial Code (UCC), which governs the sale of goods and secured transactions, is also highly relevant to contract law. However, it is not entirely uniform across the United States as different states have adopted it at various stages. Contracts themselves can be written, oral, explicit, or implicit, and they can be formed, expressed, and enforced in various ways.
| Characteristics | Values |
|---|---|
| Number of sources | 4 |
| Examples of sources | The Constitution, federal and state statutes, federal and state case law, and administrative law |
| Number of basic elements | 7 |
| Examples of basic elements | Mutuality, capacity, offer, legality, acceptance, certainty, and consideration |
| Number of articles in the Uniform Commercial Code (UCC) | 9 |
| Articles in the UCC that deal with the law of contracts | Article 1 (General Provisions) and Article 2 (Sales) |
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What You'll Learn
The Uniform Commercial Code (UCC)
The UCC consists of consecutively numbered articles, with Article 1 (General Provisions) and Article 2 (Sales) being the main articles governing contract law. Article 9 (Secured Transactions) covers contracts where personal property is used as security for a loan or credit extension. The code also includes provisions for exceptions to common law in merchant contracts.
The UCC has been a joint project of the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute (ALI). It was first released in 1952 after a decade of development and has since undergone revisions, with the most recent changes made in 2022.
The overriding philosophy of the UCC is to allow individuals to make the contracts they desire while providing a framework to fill in any missing provisions. For example, if there is a conflict between the terms of the offeror and offeree, the UCC provides "gap-fillers" to resolve the discrepancy. The UCC also modernizes contract law by allowing for electronic contracts and addressing issues related to online transactions.
The UCC is an essential component of contract law in the United States, providing a standardized framework for commercial transactions across multiple states. It ensures that contracts are enforceable and protects the interests of all parties involved.
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The Constitution
Contract law is a field of study concerned with establishing rules and lawmaking as it permits contracts. Contracts are agreements between parties, creating mutual obligations that are enforceable by law. They are an integral part of daily life, from buying a home to signing up for a social media platform.
Additionally, the Constitution provides a framework for understanding the nature and source of contractual obligations. Chief Justice Marshall referenced the framers' familiarity with treatises on natural law and the laws of nations, highlighting the influence of these sources on the Constitution's approach to contracts.
In summary, the Constitution is a fundamental source of contract law in the United States, providing a framework for contractual obligations, guiding conflicting laws, and setting parameters for the validity and enforceability of contracts.
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Federal and state statutes
Contracts related to particular activities or business sectors may be highly regulated by state and/or federal law. For example, in 1988, the United States joined the United Nations Convention on Contracts for the International Sale of Goods, which now governs contracts within its scope. The Federal Arbitration Act is another example of federal law governing contracts, as arbitration clauses are generally enforceable under this Act for contracts arising under federal or state law.
Statutes may require some kinds of contracts to be put in writing and executed with particular formalities, for the contract to be enforceable. The Statute of Frauds, for instance, requires that a contract be in written form and signed by the party against whom enforcement is sought. This is to prevent fraud in forming contracts. The Statute of Frauds does not apply in all states or to all types of contracts, however. For example, in many states, lifetime contracts are not considered to fall within the Statute of Frauds, while in Illinois, they are.
Overall, federal and state statutes are an important source of contract law, providing the framework for the creation and enforcement of contracts in the United States.
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Federal and state case law
The GAO Reports and Comptroller General Decisions database is another valuable resource for federal case law. It includes reports, testimonies, and publications related to audits, surveys, investigations, and evaluations of federal programs conducted by the United States Government Accountability Office (GAO). Additionally, the Armed Services Board of Contract Appeals, Civilian Board of Contract Appeals, and various other boards of contract appeals contribute to federal case law.
Furthermore, federal and state case law also addresses specific types of contracts, such as government contracts. For instance, the U.S. Supreme Court, Federal Circuit Court of Appeals, and Court of Federal Claims have jurisdiction over cases involving contracts with the federal government. These courts' decisions provide guidance on the rights and obligations of parties contracting with governmental entities, ensuring compliance with applicable laws and regulations. Thus, federal and state case law serves as a vital reference point for legal professionals, enabling them to provide effective counsel to their clients and uphold the integrity of contractual relationships.
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Administrative law
The development of administrative law has been influenced by supranational legal orders, resulting in changes to traditional concepts of the administrative law model and the establishment of a supranational or international public administration in sectors such as the environment and education.
In countries with a civil law tradition, administrative law cases are handled by specialized courts or sections that apply procedural rules specifically designed for these cases. For example, China established its Administrative Litigation Law in 1989, providing an avenue for citizens to challenge government action.
In the United States, administrative law is promulgated and enforced by federal agencies, and the Law Library of Congress provides guides to help locate and identify primary and secondary sources of U.S. federal administrative law.
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