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Commercial Codification As Negotiation, David Frisch
Commercial Codification As Negotiation, David Frisch
Law Faculty Publications
Part I of this Article endeavors to put the sales law in perspective by emphasizing its role in the broader system of commercial law. Then, in Part II we focus on a particular example (the buyer's right to recover goods upon the seller's insolvency) to support our general observation that the revision reflects a fatal insensitivity to the need for article 2 to fit with other bodies of commercial codification. Part III demonstrates the revi~ion's failure to come to terms with the role of context and makes the argument that the drafters' shortsightedness is evidenced by the manner in which …
Buyer's Remedies And Warranty Disclaimers: The Case For Mistake And The Indeterminacy Of U.C.C. Section 1-103, David Frisch
Buyer's Remedies And Warranty Disclaimers: The Case For Mistake And The Indeterminacy Of U.C.C. Section 1-103, David Frisch
Law Faculty Publications
The primary purpose of this article is not to end the longstanding malaise surrounding section 1-103, but to illuminate its existence and encourage a serious reconsideration of the extent to which common law and equitable principles serve as sources of law in resolving cases under the Code. A greater appreciation of the importance of this issue to commercial law development will result in an approach which makes the law more predictable and which better facilitates the essential need to keep the Code responsive to commercial practice. Part II of this article introduces the context within which section 1-103 will be …
The Perfect Tender Rule - An "Acceptable" Interpretation, David Frisch
The Perfect Tender Rule - An "Acceptable" Interpretation, David Frisch
Law Faculty Publications
The focus of this article will be on the inherent conflict between the buyer's right to reject and the seller's right to cure. We will first review both the scholarly commentary addressing the issue and the judicial interpretations of the rejection-cure conflict. We will then propose a resolution to the conflict, or an acceptable interpretation, which serves to promote the expressed purposes and policies of the Uniform Commercial Code.