commercial & contracts bodenheimer herzberg legal

The United States are a signatory to the CISG. To the extent the CISG does not apply, Article 2 of the Uniform Commercial Code (UCC) applies to sales contracts. § 2-106 of the UCC defines sale as

(…) the passing of title from the seller to the buyer for a price

The UCC has been adopted by all 50 states, by the District of Columbia, and by the U.S. territories of Guam, Northern Mariana Islands, and the Virgin Islands. It should be noted that the state of Louisiana has not adopted Article 2 of the UCC, keeping its sales law closer to its own civil law traditions. The territory of Puerto Rico only partially enacted the UCC, while America Samoa has declined to do so. Where the UCC does not apply, the state or territory sales law applies.

Article 2 of the UCC provides for rules on, inter alia,

  • formation of contracts,
  • obligations of the parties,
  • warranties,
  • damages,
  • place of delivery,
  • price,
  • remedies, etc.

BODENHEIMER Representative Matters as Parties’ Counsel

Represented a German defense contractor in a dispute before the German state courts against a U.S. supplier in a CISG litigation, with Virginia law as the supplementary domestic applicable law, revolving around the cancellation of a contract for the supply of military equipment, for the use of a NATO Member State