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U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
The 1986 Annual Survey described the "check it back to local law" approach to the Code's choice of law rules. Recent cases emphasize this. For example, in Madaus v. November Hill Farm, lnc., the U.S. District Court for the Western District of Virginia applied the Virginia pre-Code conflict of laws rules to a dispute between a West German seller of a horse and a Virginia buyer. The court applied the Virginia rule that the law applicable to the validity of a contract is the law of the jurisdiction where the final act necessary to make the contract binding was done. …
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
A drafting compromise by the U.C.C. drafters in section 1-105 dictated the state having an "appropriate relation" to govern choice of law problems in the absence of a contractual clause, and if there is a clause, a "reasonable relation" to the state selected. The purpose was to leave choice of law problems to the general rules of the common law. Thus, some courts in breach of warranty cases continue to apply the tests of "place of injury" for personal injury suits and "place of contracting" for what does not involve personal injury, while others look for the state having the …
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
As in the past, there were no significant developments or trends in the few decisions on conflict of laws points. The text of U.C.C. section 1-105, the Code's general choice-of-law provision, speaks comprehensively of "the transaction." Yet recent cases and a draft of the proposed Personal Property Leasing Act take an issue-oriented approach, thus giving the parties greater freedom to specify choice of law. Following the formulation in section 187 of the Restatement (Second) of the Conflict of Laws, the draft Leasing Act supports party choice in the absence of some significant forum policy that requires overriding that choice. In …
Uniform Commercial Code Annual Survey: General Provisions, Sales, Bulk Transfers, And Documents Of Title, David Frisch
Uniform Commercial Code Annual Survey: General Provisions, Sales, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
On a number of issues arising under the Uniform Commercial Code (U.C.C. or Code), the courts have reached conflicting results, yet the number of jurisdictions passing on each such issue remains small. There is still time, then, for discussion of proper solutions of many of such Code issues. Of interest is the continuing judicial struggle with the intermesh of the Code's warranty provisions, the strict liability provisions of the Restatement Second of Torts, section 402A, and the burgeoning new crop of products liability statutes. The trend toward nuclear and computer problems is reflected in cases involving construction of nuclear plants, …
U.C.C. Filings: Changing Circumstances Can Make A Right Filing Wrong. But Can They Make A Wrong Filing Right?, David Frisch
U.C.C. Filings: Changing Circumstances Can Make A Right Filing Wrong. But Can They Make A Wrong Filing Right?, David Frisch
Law Faculty Publications
A secured party who wishes to perfect an Article 9 security interest by filing must file a proper financing statement in the correct office. If a security interest is perfected, changing circumstances, such as a lapse in time after a change in the location of the collateral, may transform the perfected security interest into an unperfected one. Consequently, the security interest, much to the dismay of the secured party, will be subject to all the deficiencies of an unperfected interest. But, under the Uniform Commercial Code, can the converse be true? That is, for example, can an unperfected security interest, …