Golden Gate University Law Review


This article will address the procedural and substantive reasons why UCITA is, in fact, overly ambitious. With regard to procedure, Part II.A of this comment will outline the historical naissance and development of the highly successful Uniform Commercial Code and contrast that with the development of UCITA. With regard to substance, Part II.B will address what many practitioners have cited as key objections to UCITA. Further, Part II.B discusses examples of terms used in UCITA and compares them to those of common, established practice. Differentiating UCITA from the UCC in these ways will illustrate how UCITA misses the mark it so fervently sought to hit and how, consequently, it is likely to add confusion to an otherwise emerging body of law. Finally, as an alternative to adoption of UCITA at the state level, Part III will present an analysis of existing mechanisms capable of managing the unique problems faced in this "Age of Information." Part III will also present a feasible course of action regarding how the legal profession, and those industries affected by UCITA, might otherwise view legal developments absent this Act. In this veritable renaissance in which we live, this article posits that we presently have the tools we need to accommodate the current issues arising out of computer transactions.

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Computer Law Commons