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What are some of the major points of the UCC 1-308 law?

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Quick Answer

UCC 1-308 was an amendment to UCC 1-207 to help either an individual or a business from unconsciously giving up certain rights within the terms and agreements of a contract. It was a very important amendment, because it added extra legal protection to those at risk of sneaky legal tactics.

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Full Answer

The amendment seeks to disable the use of malicious and unclear language within a binding contract. According to Cornell University, the code affirms that, when agreeing to certain contract or performance terms, if those terms unwittingly result in a loss of rights to one party, the agreement cannot be forced to be carried out. According to Cornell, the words "without prejudice" and/or "under protest" suffice to show compliance with the law. It is highly recommended that when a person signs any legal document, he makes the addition of "UCC 1-308" near where he signs if it is not already a part of the document, and confirm the change with the other party. If they disagree, it is recommended you see a lawyer, according to Forbes.

However, it is absolutely necessary, as with all branches of law, to have a very solid understanding of this law and how it works, if one is involved in an agreement to which it pertains. This is clearly not always easy, and so any potentially serious misunderstandings in legal argument architecture should be taken up with a lawyer.

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