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Articles 1 - 30 of 102
Full-Text Articles in Law
Identifying Fundamental Breach Of Articles 25 And 49 Of The Cisg: The Good Faith Duty Of Collaborative Efforts To Cure Defects - Make The Parties Draw A Line In The Sand Of Substantiality, Yasutoshi Ishida
Michigan Journal of International Law
Article 49(1) of the CISG allows buyers of international goods to avoid their sales contracts “if the failure by the seller to perform . . . amounts to a fundamental breach.” A breach is “fundamental,” as defined by CISG article 25, when it causes the buyer such detriment “as substantially to deprive him of what he is entitled to expect under the contract.” This definition is followed by the so-called “foreseeability test,” an “unless” clause that excepts the situation where “the party in breach did not foresee[,] and a reasonable person of the same kind in the same circumstances would …
Importing Uniform Sales Law Into Article 2, Steven Walt
Importing Uniform Sales Law Into Article 2, Steven Walt
Barry Law Review
No abstract provided.
Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman
Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman
Barry Law Review
No abstract provided.
The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White
The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White
Barry Law Review
No abstract provided.
Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg
Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg
Barry Law Review
No abstract provided.
The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White
The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White
Barry Law Review
No abstract provided.
Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel
Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel
Barry Law Review
No abstract provided.
The Myth Of Trade Usages: A Talk, Lisa Bernstein
The Myth Of Trade Usages: A Talk, Lisa Bernstein
Barry Law Review
No abstract provided.
Reforming The True-Sale Doctrine, Heather Hughes
Reforming The True-Sale Doctrine, Heather Hughes
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Begone, Euclid!: Leasing Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener
Begone, Euclid!: Leasing Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener
Pace Law Review
Is urban center retailing in a death spiral? Competition for consumers with Internet vendors is afoot; winners and losers shall be anointed. The threats to physical retailing in an era of the “Internet of Goods” initially are described below. Adaptations by tenants, landlords, and stakeholders in urban centers will be required quickly, and new perspectives and partnerships, including those among local and regional governments, are instrumental if physical retail operations in municipal cores are to survive. The balance of this article describes these needs from the vantage point of each stakeholder; but this article argues that integrating information and communication …
Tesla And The Car Dealers' Lobby, Daniel A. Crane
Tesla And The Car Dealers' Lobby, Daniel A. Crane
Articles
Tesla Motors, the offspring of entrepreneur Elon Musk (who brought us Pay-Pal and SpaceX), is the most exciting automotive development in many decades and a marquee story of American technological dynamism and innovation. The company’s luxury electric cars have caused a sensation in the auto industry, including a review by Consumer Reports calling Tesla’s Model S the best car it ever tested. Despite the acclaim, Tesla faces enormous challenges Despite the acclaim, Tesla faces enormous challenges in penetrating an automotive market that has been dominated for a century by internal combustion engines. Not only must it build cars that customers …
Handbook Of The Law Of Sales, By Lawrence Vold, Robert C. Brown
Handbook Of The Law Of Sales, By Lawrence Vold, Robert C. Brown
Dr Robert Brown
No abstract provided.
The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger
The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger
Ingrid Michelsen Hillinger
No abstract provided.
Playing With Fire: Proceeding Cautiously With Reforms To The Michigan Fireworks Safety Act, Nicholas Pietropaulo
Playing With Fire: Proceeding Cautiously With Reforms To The Michigan Fireworks Safety Act, Nicholas Pietropaulo
University of Michigan Journal of Law Reform Caveat
On January 1, 2012, the Michigan Fireworks Safety Act went into effect. It marked a significant change in how the state of Michigan treats the sale and use of “consumer fireworks.” Effectively, the new statute authorizes the sale and use of Roman Candles, bottle rockets, aerials, and other fireworks that had previously been banned. Almost immediately, challenges and complaints were raised. On one side, eight fireworks vendors challenged the constitutionality of one of the law’s provisions that required such vendors to purchase insurance at an arguably unreasonable rate. The court dismissed that case, holding that it could not be said …
Uniform Commercial Code Survey, Sales, Jennifer S. Martin, Robyn L. Meadows
Uniform Commercial Code Survey, Sales, Jennifer S. Martin, Robyn L. Meadows
Robyn L Meadows
No abstract provided.
Uniform Commercial Code Survey, Sales, Jennifer S. Martin, Robyn L. Meadows
Uniform Commercial Code Survey, Sales, Jennifer S. Martin, Robyn L. Meadows
Robyn L Meadows
No abstract provided.
Can We Dicker Online Or Is Traditional Contract Formation Really Dying - Rethinking Traditional Contract Formation For The World Wide Web, Tatiana Melnik
Can We Dicker Online Or Is Traditional Contract Formation Really Dying - Rethinking Traditional Contract Formation For The World Wide Web, Tatiana Melnik
Michigan Telecommunications & Technology Law Review
When most people imagine the process of contract formation, they picture two people sitting down and negotiating, arguing about particular contract provisions and particular contract terminology, and maybe even involving attorneys to draft an "official" version of the contract. Regardless of the specific details people imagine, traditional contract formation generally involves some form of negotiation between two parties where they choose one set of terms over another. In modern society, however, such negotiation happens very rarely. People enter into many contracts on a daily basis, for example, when they purchase goods or services online. Online purchases are governed by computers, …
Funky Mussels, A Stolen Car, And Decrepit Used Shoes: Non-Conforming Goods And Notice Thereof Under The United Nations Sales Convention, Harry Flechtner
Funky Mussels, A Stolen Car, And Decrepit Used Shoes: Non-Conforming Goods And Notice Thereof Under The United Nations Sales Convention, Harry Flechtner
Articles
This is a draft of a paper that will appear in a forthcoming issue of the Boston University International Law Journal. This paper, which derives from comments delivered at a 2006 conference held at Istanbul (Turkey) Bilgi University, gives an overview of Part III, Chapter II, Section II of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This portion of the Convention encompasses provisions addressing a number of critical issues, including the seller's obligations concerning the quality (Article 35), title (Article 41) and intellectual property aspects (Article 42) of goods sold in a transaction governed …
Uniform Commercial Code Survey, Sales, Keith A. Rowley, Robyn L. Meadows, Larry T. Garvin, Carolyn L. Dessin
Uniform Commercial Code Survey, Sales, Keith A. Rowley, Robyn L. Meadows, Larry T. Garvin, Carolyn L. Dessin
Robyn L Meadows
No abstract provided.
Commercial Law In The Cracks Of Judicial Federalism, Donald J. Smythe
Commercial Law In The Cracks Of Judicial Federalism, Donald J. Smythe
ExpressO
Almost seventy years after the Supreme Court sought to rationalize the American system of judicial federalism in Erie, sales law remains trapped in a pattern more reminiscent of the Swift v. Tyson era. The extraordinarily wide separation of powers in the NCCUSL-ALI uniform law-making process has entrenched Article 2 of the UCC in the status quo. Concurrently, an imbalance between the federal and state courts in the American system of judicial federalism has conferred an unusually wide range of discretion over state commercial law on the federal courts. Ironically, therefore, state sales statutes are being reinterpreted and revised by the …
Uniform Commercial Code Survey, Sales, Keith A. Rowley, Robyn L. Meadows, Larry T. Garvin, Carolyn L. Dessin
Uniform Commercial Code Survey, Sales, Keith A. Rowley, Robyn L. Meadows, Larry T. Garvin, Carolyn L. Dessin
Robyn L Meadows
No abstract provided.
Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Keith A. Rowley, Larry T. Garvin, Carolyn L. Dessin
Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Keith A. Rowley, Larry T. Garvin, Carolyn L. Dessin
Robyn L Meadows
No abstract provided.
Chuck And Steve's Peccadillo (Symposium: Threats To Secured Lending And Asset Securitization), James J. White
Chuck And Steve's Peccadillo (Symposium: Threats To Secured Lending And Asset Securitization), James J. White
Articles
Are investors in securitized receivables to be treated as the owners of an asset whose sale has taken it beyond the reach of the trustee in bankruptcy of their sellers? O are they to be treated as holders of a security interest in the transferred asset who have left behind an interest in the sellers' hands that would cause the asset to be subject to claims and interference by the sellers' grasping trustee? By adopting contrasting-arguably conflicting-statements in two subsections of a single section, the drafters of 1999 Article 9 have thrust this issue in the faces of courts and …
Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Larry T. Garvin, Carolyn L. Dessin
Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Larry T. Garvin, Carolyn L. Dessin
Robyn L Meadows
No abstract provided.
Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Larry T. Garvin, Carolyn T. Dessin
Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Larry T. Garvin, Carolyn T. Dessin
Robyn L Meadows
No abstract provided.
Default Rules In Sales And The Myth Of Contracting Out, James J. White
Default Rules In Sales And The Myth Of Contracting Out, James J. White
Articles
In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.
2001: A Code Odyssey (New Dawn For The Article 9 Secured Creditor), Michael G. Hillinger
2001: A Code Odyssey (New Dawn For The Article 9 Secured Creditor), Michael G. Hillinger
Faculty Publications
This Article attempts to describe what bankruptcy lawyers and judges most need to know about the Revised Article 9. (Of course, if bankruptcy judges and lawyers need to know it, a fortiori, secured creditors’ attorneys need to know it.)
At the top of the most-need-to-know list are Revised Article 9’s choice-of-law and filing rules. Section 544(a) of the Bankruptcy Code, the “trustee’s strong-arm” clause, permits the trustee (and debtor-in-possession) to avoid unperfected security interests. For many transactions, Revised Article 9’s choice-of-law provisions will change where the creditor must file to perfect its interest. Those who do not know about Revised …
Uniform Commercial Code Survey, Sales, John T. Wladis, Larry T. Garvin, Robyn L. Meadows, Veryl L. Miles, Mark E. Roszkowski
Uniform Commercial Code Survey, Sales, John T. Wladis, Larry T. Garvin, Robyn L. Meadows, Veryl L. Miles, Mark E. Roszkowski
Robyn L Meadows
No abstract provided.
Foreword, Sarah Howard Jenkins
Warranties Of Title, Foreclosure, Sales And The Proposed Revision Of U.C.C. §9-504: Has The Pendulum Swung Too Far?, Robyn L. Meadows
Warranties Of Title, Foreclosure, Sales And The Proposed Revision Of U.C.C. §9-504: Has The Pendulum Swung Too Far?, Robyn L. Meadows
Robyn L Meadows
No abstract provided.