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Major Problems With Article 2a: Unfairness, "Cutting Off" Consumer Defenses, Unfiled Interests, And Uneven Adoption, Donald B. King

Mercer Law Review

Article 2A on leases represents a major addition to the Uniform Commercial Code ("U.C.C."). Proposed for adoption throughout the United States, some states have already adopted the article. Because of the provision's impact, we must view it carefully and correct major flaws.

In the past, courts dealt with the field of leasing through analogy to principles of sales law. However, this treatment lead to the uneven application of the law, and a new codified law on leases is certainly desirable. For their hard work and initiative, the drafters of Article 2A deserve praise; however, they are not above criticism. The …

The Revision Of U.C.C. Articles Three And Four: A Process Which Excluded Consumer Protection Requires Federal Action, Mark E. Budnitz

Mercer Law Review

The 1990 official revision to Articles 3 and 4 of the Uniform Commercial Code ("U.C.C.") represents a major failure in process. A crying need exists for a comprehensive national reevaluation of the law of payment systems as it affects all consumers. Instead, the sponsors of the revisions, the American Law Institute and the National Conference of Commissioners on Uniform State Laws, chose to exclude entirely issues of concern to consumers. The failure of process, however, goes beyond this omission. Recent developments in the provision of government benefits to those without bank accounts raise the question whether the uniform state laws …