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Privity Revisited: Tort Recovery By A Commercial Buyer For A Defective Product's Self-Inflicted Damage, Mark A. Kaprelian
Privity Revisited: Tort Recovery By A Commercial Buyer For A Defective Product's Self-Inflicted Damage, Mark A. Kaprelian
Michigan Law Review
This Note argues that if a seller and a commercial buyer are in privity, damage to a product resulting from its own defect should not be recoverable by a commercial buyer in a tort action. Part I shows how the conflict arises and examines the judicial boundaries that are normally drawn between tort and warranty liability. Part II contrasts the rationales for the warranty and tort remedies, with particular emphasis on the Uniform Commercial Code and Section 402A of the Restatement (Second) of Torts. Part III argues that if a seller and a commercial buyer are in privity and …
The Transformation Rule Under Section 522 Of The Bankruptcy Code Of 1978, Raymond B. Check
The Transformation Rule Under Section 522 Of The Bankruptcy Code Of 1978, Raymond B. Check
Michigan Law Review
This Note rejects the statutory arguments that have been advanced in favor of the transformation rule, and argues that the rule is inconsistent with both the policies motivating section 522 of the Bankruptcy Code and the overall purposes of the U.C.C. priority system. Part I examines the treatment of purchase money security in the U.C.C. scheme. It also describes the exemption provisions of the 1978 Bankruptcy Code and the legislative concerns that shaped those provisions. Part II summarizes the judicial adoption of the transformation rule and the statutory basis relied upon by courts in applying it. Part III argues that …