Legal Question in Business Law in California

UCC or common law

Hello, I am writing a paper about the relationship between a foreign manufacturer and a US-distributor. I have 2 questions: 1. As per the literature I read that a distributor contract is more than a simple sales contract. To decide if the law for manufacturer�s representatives will apply (�1738.10 - 1738.17 Cal. Civil Code) the judges will check how far the distributor is dependant from the manufacturer. As per my literature if the manufacturer�s representative law doesn�t apply, the law of contracts will aplly which consists elements of the UCC and the common law. Does that mean that a judge would apply both UCC and common law in the same case or would he decide for UCC or common law? If they have to decide, do they use any kind of test to decide if � 2 UCC shall apply? As per my information � 2 UCC only applies to sales contracts. If the distributor contract also includes characteristica of service, will common law apply? Are there any cases as evidence? 2.If the german manufacturer decides to terminate the contract, are there any protective laws in the Calif.Civ.Code? For ex. that the manuf. has to buy back the storing facility or are there some time frames that apply to a termination?


Asked on 8/27/04, 5:47 pm

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: UCC or common law

We must review your documents in order to give you an opinion. Also, I need to know the foreign jurisdiction. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

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Answered on 8/28/04, 12:51 pm
Barry Snyder Snyder Law

Re: UCC or common law

There is way too much information not included to answer this question. You need to have an indepth meeting with an attorney to get your answers.

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Answered on 8/30/04, 12:43 pm


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