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Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan Sep 1977

Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan

West Virginia Law Review

Section 2-302 of the Uniform Commercial Code is a widely discussed and controversial statement of the law of unconscionability. It was a part of the original UCC as adopted by Pennsylvania in 1953, but some states elected to omit that section when they accepted the UCC. There are three fundamental reasons for their not adopting the section. The first objection is that the section goes against the security of the transaction by allowing the courts to remake parts of the contract. The second stems from the fact that the section limits the parties' freedom to contract because it is often …

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The Uniform Commercial Code Bulk Sales Article Compared With West Virginia Law, Londo H. Brown Jun 1962

The Uniform Commercial Code Bulk Sales Article Compared With West Virginia Law, Londo H. Brown

West Virginia Law Review

The gradual adoption of the various uniform laws by the states is beginning to have some effect on the system of "different laws in different states." Perhaps nowhere in the field of law is there greater need for uniform laws in the different states than in commercial law. The Uniform Commercial Code was designed to meet this need, and since 1954 our neighboring state, Pennsylvania, has served as a testing ground for that Code. This report deals with Article 6, Bulk Transfers, of the Uniform Commercial Code. That article, if adopted in West Virginia, would supplant our present Bulk Sales …

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Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele Apr 1962

Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele

West Virginia Law Review

No abstract provided.

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The Uniform Commercial Code Sales Article Compared With West Virginia Law Part I, Willard D. Lorensen Dec 1961

The Uniform Commercial Code Sales Article Compared With West Virginia Law Part I, Willard D. Lorensen

West Virginia Law Review

The adoption of the Uniform Commercial Code in West Virginia would provide for the first time in the history of this state a general legislative venture into the field of sales law. Court-made common law is the present source of sales law, and typical of the common law, a very uneven pattern is found. Precedents pile up at certain points while numerous other questions float in an absolute void of authority. The major portion of this study, composed of a section by section analysis of the sales article, contrasts time and again the thoroughness and detail of the Code against …

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Trust Receipts--A Legislative Problem Dec 1935