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1.2.4 UCC Article 1

Article 1 of the UCC does not directly address consumer warranty issues, but its provisions have an important impact on those issues. Among other things, Article 1 includes definitions for such critical terms as “agreement” and “conspicuous.” It establishes the duty of good faith, the rule of liberal construction, and the rule that remedies are to be liberally administered. It requires that trade usage, the parties’ course of dealing and, in revised Article 1, the parties’ course of performance be taken into account in determining the parties’ contractual obligations.

The Uniform Law Commission (formerly the National Conference of Commissioners on Uniform State Laws or NCCUSL) and the ALI approved a revised version of Article 1 in 2001. The revisions made some substantive changes, but for many important provisions the revisions merely renumbered the section or made minor phrasing changes. Almost all states have now enacted revised Article 1, although sometimes with some non-uniform amendments. In this treatise the revised version of Article 1 is cited first, with the citation to the corresponding provision of pre-2001 Article 1 in brackets. Any substantive differences between the versions are highlighted in the text or footnotes.