Law Commons^™

Security Interests In Personal Property, Douglass Boshkoff

Indiana Law Journal

No abstract provided.

Restitution On Default And Article Two Of The Uniform Commercial Code, Robert J. Nordstrom

Vanderbilt Law Review

Article 2 of the Uniform Commercial Code, entitled Sales, contains an entire chapter (Part 7) devoted to remedies. This chapter reveals two basic philosophies. First, the draftsmen were concerned with developing a pattern of recovery following default by one of the parties, even though default is but one reason for the nonperformance of promises. Second, the remedies which are codified emphasize the expectation interest of the nondefaulting party and almost ignore any development of the restitution interest. This emphasis upon the expectation interest singles out only one judicial approach by which the economic interests of the parties can be readjusted …

Ucc Section 2-318: Effect On Washington Requirements Of Privity In Products Liability Suits, Anon

Washington Law Review

In recent years, there has been considerable development in the law governing liability of a seller to persons other than his immediate buyer for personal injuries caused by defective products. The rule of caveat emptor has been progressively eroded. The majority of writers and an increasing number of courts have adopted the position that a seller cannot avoid liability on the ground that he is not in privity of contract with the injured party. The Washington court appears to be following this trend. The process of judicial development, however, may be jeopardized by the recent enactment in Washington of section …

Comparative Aspects Of Product Liability, Charles Szladits

Buffalo Law Review

No abstract provided.

Similarities In American And European Negotiable Instruments Law, Marshall L. Cohen

Buffalo Law Review

No abstract provided.

The Plaintiff In Default, Richard H. Lee

Vanderbilt Law Review

This article is concerned with one basic fact pattern. A party to a contract has commenced performance but has stopped short of completion. His failure to perform further is legally inexcusable. The other party has not performed, but is not in default. Can the one in default salvage anything from the wreckage of the contract when he himself "cast it on the rocks"? Can he recover the value of his part performance despite the fact that he refused to abide by his contract? The answer most commonly given by the courts is a righteous no.' But there are many factors …

Ucc Section 9-301 (1) And Accounts, Contract Rights, And Chattel Paper: The Non-Existent Priorities, Anon

Washington Law Review

It has been said that "fortunately ... experience indicates that the practical importance of . . . [Uniform Commercial Code priority] problems is probably less than their intellectual challenge."' This may be fair warning to eager students, lawyers, and legal scholars. Such warnings, however, are seldom heeded, and pursuits of intellectual challenge are often productive. Constructive analysis of section 9-301(1) (c) and (1) (d) of the Uniform Commercial Code, insofar as they relate to "chattel paper," "accounts," and "contract rights," may prove to be most beneficial.

Problems In The Tax-Free Incorporation Of A Business, Stanley Weiss

Indiana Law Journal

No abstract provided.

Tax Aspects Of Partnership Distributions And Transfers Of Partnership Interests, Taxing Statutes, Robert R. Milroy

Indiana Law Journal

No abstract provided.

Legislative Proposals Concerning Private Foundations, William C. Golden

Indiana Law Journal

No abstract provided.

Taxation And Interstate Commerce, Raymond Albert Hinerman

West Virginia Law Review

No abstract provided.

Unconscionability In Consumer Sales Contracts—A Defense To Actions At Law, And Under The Ucc, Anon

Washington Law Review

Plaintiff, operator of a retail furniture store, sold a five hundred dollar stereo set on installment contract to defendant Williams, knowing that defendant supported herself and seven children on a two hundred eighteen dollar monthly welfare payment. At the time defendant bought the set, she owed plaintiff one hundred sixty four dollars on thirteen prior purchases. The form contract provided that plaintiff would retain title to all items purchased until the purchaser had paid all amounts due in full, and that the debt on each item was secured by the right to repossess all items purchased. When defendant defaulted shortly …

Legislation, Law Review Staff

Vanderbilt Law Review

Federal Diversity Jurisdiction--Citizenship for Unincorporated Associations

In 1889 the United States Supreme Court ruled in Chapman v.Barney' that a New York joint stock company was not to be considered a "citizen" for purposes of federal diversity jurisdiction. This decision provided the basis for the rule that unincorporated associations are not considered juridical persons, and that the citizenship of their individual members is determinative of federal diversity.

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Protecting the Client When His Lawyer Dies

The problems which arise when a practicing attorney suddenly diestake many shapes. Those which face the law firm are of both an ethical nature, involving the …

American Travelers Checks, William D. Hawkland

Buffalo Law Review

No abstract provided.

Commercial Law—Uniform Commercial Code—Bank May Cancel Letter Of Credit Without Verifying Accuracy Of Customer’S Affidavit, Charles E. Milch

Buffalo Law Review

Fair Pavilions, Inc. v. First Nat'l City Bank, 24 A.D.2d 109, 264 N.Y.S.2d 255 (1st Dep't 1965).

Referral Sales Contracts: To Alter Or Abolish?, Douglas C. Dodge

Buffalo Law Review

No abstract provided.

Franchise Restrictions: "Tied" Sales And Territorial Limitations, Alan S. Ward

Washington and Lee Law Review

No abstract provided.

Forms For Commercial Transactions Under Theuniform Commercial Code. David W. Carroll And Frederickw. Whiteside, Jr., Editors., Wilfrid J. Ritz

Washington and Lee Law Review

No abstract provided.

A New Look At The European Patent: Limited Availability, Harold G. Maier

Vanderbilt Law Review

The promulgation of the Proposed Draft Convention relating to a European Patent Law in December 1962,' by the member states of the European Economic Community, and the continuing controversy surrounding it since that time have raised important questions for European and American businessmen. One of the most controversial is the extent to which the new patent should be made "available" to nationals of states not parties to the proposed Convention. This article examines the question of "availability" from the standpoint of the interests of the EEC and its member states. Its objective is to demonstrate that although the legal arguments …

Legislation, Law Review Staff

Vanderbilt Law Review

An examination of the current status of state net income taxation on interstate business logically begins with the decision in Northwestern Portland Cement Co. v. Minnesota and its companion case Williams v. Stockham Valves & Fitting, Inc.' There the United States Supreme Court held that an apportioned, nondiscriminatory excise tax imposed by a state on the net income of a foreign corporation does not violate either the due process clause or the commerce clause of the federal constitution, even though the income is derived solely from interstate commerce. Mr. Justice Frankfurter, dissenting, warned that increased burdens of bookkeeping necessary to …

Commercial Farm Law: The Uniform Commercial Code, Thomas B. Allington, Clayton K. Yeutter

Department of Agricultural Economics: Faculty Publications

Commercial law includes such topics as sales contracts, notes, checks, shipping and storage documents, and a variety of financing instruments. Over the years much of the law on these topics has become complex, confusing, and often obsolete. The Uniform Commercial Code, or U.C.C., is designed, first, to bring about uniformity in state laws governing commerce, and second, to clarify, simplify, and modernize these laws. The Code's success in this respect is shown by the fact that it has now been adopted by almost all states. It became effective in Nebraska on September 2, 1965. Drafting of the U.C.C. dates back …

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

The Tva Cases: A Quarter Century Later, George D. Haimbaugh Jr.

Indiana Law Journal

No abstract provided.

Remedies For Oppression In Close Corporations In Indiana

Indiana Law Journal

No abstract provided.

Book Review, Paul D. Carrington

Faculty Scholarship

Reviewing John Honnold and E. Allan Farnsworth, Cases and Materials on Commercial Law (1965)

Ucc—Liberal Interpretation Of Financing Statement Requirements, Anon

Washington Law Review

Filing requirements under the Connecticut enactment of the Uniform Commercial Code have been construed by two recent decisions of the United States Court of Appeals for the Second Circuit. In one case, a creditor duly filed a "security agreement" which the debtor, "Excel Stores, Inc.," had inadvertently signed "Excel Department Stores." Upon debtor's adjudication as a bankrupt, creditor filed a reclamation petition. The district court denied the petition, holding that the security agreement was not properly signed in accordance with Uniform Commercial Code section 9-402(1). On appeal, the Second Circuit reversed and held: Use of "Excel Department Stores" instead of …

Payments To A Corporation Officer's Widow In Indiana

Indiana Law Journal

No abstract provided.

The Uniform Commercial Code's Statute Of Frauds For Sales Of Goods, Joseph A. Tate

Villanova Law Review

No abstract provided.

Commercial Law--A Farmer Is Not A "Merchant" Under The Uniform Commercial Code--Cook Grains, Inc. V. Fallis, Michigan Law Review

Michigan Law Review

Plaintiff grain company allegedly entered into an oral contract to purchase 5,000 bushels of soybeans from the defendant farmer. The grain company signed a written integration of the alleged oral agreement and mailed it to the farmer, with a request for his signature. The farmer neither signed the document nor attempted to communicate with the grain company and later refused to deliver the soybeans pursuant to the terms of the plaintiff's memorandum. In an action for breach of contract, the grain company contended that the farmer was precluded from relying on the statute of frauds, as incorporated in the Uniform …

Liability Under Defectively Organized Corporations - Cranson V. International Business Machines Corp.

Maryland Law Review

No abstract provided.