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Article 1: General Provisions (Comment) Of Uniform Commercial Code Annotations, Robert J. Desiderio, Samuel L. Black, Alan S. Goldberg, Richard G. Kotarba

Faculty Scholarship

Review of:

• KORESKA V. UNITED CARGO CORP. 258 N.Y.S.2d 432 (App. Div. 1965)
• GREATER LOUISVILLE AUTO AUCTION, INC. V. OGLE BUICK, INC. 387 S.W.2d 17 (Ky. 1965)
• IN RE KING FURNITURE CITY, INC. 240 F. Supp. 453 (E.D. Ark. 1965)
• IN THE MATTER OF WHEATLAND ELEC. PROD, Co. 237 F. Supp. 820 (W.D. Pa. 1965)

Contracts (1965), Frederick M. Hart

Faculty Scholarship

§6.1. General. The most important development of the decade in contract law has been the gradual acceptance of the Uniform Commercial Code. Now, as over forty states have adopted the Code, another significant task is being undertaken: a revision of the Restatement of Contracts. A hurried reading of the first hundred-odd sections prompts a few general and tentative observations.

Administrative Law-Internal Revenue Code-Proof Required To Open A "Closed Year," United States V. Powell, Robert J. Desiderio

Faculty Scholarship

No abstract provided.

Secured Transactions-After Acquired Property Clause-Priority To "Equipment Under The Uniform Commercial Code," United States V. Baptist Golden Age Home, Robert J. Desiderio

Faculty Scholarship

No abstract provided.

Impact Of The Uniform Commercial Code On Products Liability Law, Frederick M. Hart

Faculty Scholarship

A recent article warns that the adoption of the Uniform Commercial Code "has altered many of the traditional notions of products liability, as it had been delineated under the Uniform Sales Act," 10 PRAC. LAW. 49 (1964). Such undue alarmism is apparently designed to inflate the value of those who have a little bit of Code information by scaring the harried and hurried lawyer who has not yet found the time to study this legislation in depth. The statement is simply not true. It is doubtful whether any provision in the warranty sections of the Code does not find substantial …

Contracts (1964), Frederick M. Hart

Faculty Scholarship

§6.1. Covenants not to compete. In the 1961 ANNUAL SURVEY, attention was called to the large number of cases involving covenants not to compete.1 In that year most of the litigation pitted employer against employee.2 During the 1964 SURVEY year two cases in which the buyer of a business attempted to enforce a covenant not to compete are worth noting. A third case,a decided in 1962, is also included as it provides the necessary background for one of this year's decisions.

Contracts (1963), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. None of the contract cases decided during the 1963 Survey year requires extensive comment. This conclusion probably reflects an approval of the manner in which the Supreme .Judicial Court handled the many issues presented by litigants. In reviewing a year's judicial production, it is easier to get excited about a decision that one disapproves. One trend is worthy of note. From the cases discussed in this and other chapters, it is apparent that the Court is becoming more sophisticated in its understanding and use of the Uniform Commercial Code.

In Defense Of Certain Provisions Of The Uniform Commercial Code Relating To Formation Of Sales Contracts: A Partial Reply To Professor Babb, Frederick M. Hart

Faculty Scholarship

During the past two years, the former Portland Law Review and the reestablished Maine Law Review have carried articles by Professor Babb commenting on many provisions of the uniform Commercial Code. The adverse tenor of Professor Babb's comments causes some concern lest his views serve as a source of restrictive interpretation in the event that the Code is enacted in Maine. It is unlikely that an alert and careful court, confronted with a problem requiring construction of a Code provision, would reach its decision by following the rationale of decisions overruled or made obsolete by the Code, or that it …

Contracts (1962), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. The 1961 Annual Suroey of American Law pointed to the Uniform Commercial Code as the most significant development in the law of contracts during recent years. This statute, with its many provisions affecting the rules of offer and acceptance, consideration, unconscionable agreements and other aspects of the contractual relationship, will undoubtedly have a substantial effect upon traditional contract concepts. At the very least, there has been a shift from the Willistonian rigidity to Llewellynian flexibility in contracts involving the sale of personal property. Furthermore, with the natural tendency of some courts to reason by analogy and apply the …

Food, Drug, And Cosmetic Law (1961), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Contracts (1961), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. It has often been argued that certainty is desirable, if indeed not necessary, in that branch of the law which adjusts rights in commercial disputes. Entrepreneurs have the responsibility of weighing business risks, but, as far as possible, they should be relieved of the danger that their commercial judgments may be frustrated by some novel legal decision. There is another attractive attribute of certainty which appeals to some students of jurisprudence - it has a tendency to decrease litigation. Where the law clearly defines rights and liabilities, the commercial community can adjust its actions accordingly and disputes may …

Commercial Law (1961), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Food, Drug, And Cosmetic Law (1960), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Credit Cards And The Virtual Acceptance, Frederick M. Hart

Faculty Scholarship

A recent case decided in a lower New York court indicates an interesting use of the virtual acceptance. Neither the decision nor the opinion is of great import, but the case is noteworthy because of the theory advocated by the plaintiff which shows a clever (and successful) attempt to adapt a principle developed during the last century to a modern type of credit transaction. In addition, it furnishes an opportunity to discuss a significant change made by the Uniform Commercial Code in the field of Negotiable Instruments. The action was brought by the financer of a credit club to collect …

Testimony By A Judge Or Juror, Frederick M. Hart

Faculty Scholarship

Although the early history of the jurata shows it to have been chosen from among those who were familiar with the controversy and parties before the court, it has long been recognized that the better system attempts to obtain jurors and judges who have no prior knowledge of the dispute to be tried. In furtherance of this policy the voir dire exists to eliminate unwanted jurymen and similar devices have been established to provide for the disqualification of judges. In spite of these protections, the situation still occasionally arises where it is discovered after a trial has begun that the …

Food, Drug, And Cosmetic Law (1960), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Commercial Law (1960), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Food, Drug, And Cosmetic Law (1959), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Commercial Law (1959), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Food, Drug, And Cosmetic Law (1959), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Food, Drug, And Cosmetic Law (1958), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Commercial Law (1958), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Food, Drug, And Cosmetic Law (1958), Frederick M. Hart

Faculty Scholarship

No abstract provided.

The Postal Fraud Statutes: Their Use And Abuse, Frederick M. Hart

Faculty Scholarship

Mr. Hart Warns That Authority for Issuance of a Fraud Order Should Be Made to Stand Rigid Tests as to Constitutionality.