Law Commons^™

Remedies Under The Tennessee Commercial Code, John A. Walker, Jr.

Vanderbilt Law Review

The scope of this Article is limited to a discussion of the enforcement of consensual' liens under the Uniform Commercial Code as enacted in title 47 of the Tennessee Code. It does not include the panoply of other, nonconsensual remedies such as prejudgment attachment and postjudgment levy. In particular, this Article examines the applicability of the doctrine of election of remedies, the mechanics of repossession, and the rules applicable to the disposition of collateral, primarily as these concepts have been interpreted and applied by the courts of Tennessee.

Acceleration Clause Disclosure: A Truth In Lending Policy Analysis, Patrick E. Hoog

Indiana Law Journal

No abstract provided.

Comment On Ontario's Bill 110 "An Act To Provide For Warranties In The Sale Of Consumer Products, Nadine Cooper Mont

Dalhousie Law Journal

The government of Nova Scotia has recently made some limited improvements to the law of products liability1 . Merchant sellers are no longer permitted to contract out of the three basic obligations or "implied warranties" contained in the old Sale of Goods Act: to deliver a merchantable article, 2 fit for the buyer's purpose 3 which corresponds to the description under which it was sold. 4 The reformulation of these old common law obligations which first received statutory recognition in 18935, was done in a somewhat ambiguous and unsatisfactory manner. 6 Of far greater consequence to consumers however, is the …

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 …

Congressional Treatment Of Confidential Business Information: Proposals To Avert Unwarranted Disclosure, Barbara J. Smith

Indiana Law Journal

No abstract provided.

Real Property Attachment—Property Or Economic Interest?—Hansen V. Weyerhaeuser Co. (In Re Northwest Homes, Inc.), 526 F.2d 505 (9th Cir. 1975), Cert. Denied, 425 U.S. 907 (1976), Deborah Elvins

Washington Law Review

In late 1971 the Weyerhaeuser Company initiated a lawsuit against Northwest Homes of Chehalis, Inc., for goods sold and delivered. To ensure satisfaction of any subsequent judgment, Weyerhaeuser obtained liens against the defendant's real property pursuant to the Washington attachment statute. Northwest Homes received neither notice nor an opportunity to be heard prior to the attachment. Hansen, appointed receiver in Northwest's subsequent bankruptcy, applied for an order invalidating the attachment. In December 1972 the referee declared the Washington attachment statute unconstitutional under the due process clause of the fourteenth amendment to the United States Constitution and under article I, section …

Financial Corporations And Subchapter S: An Interesting Problem, Jeffrey K. Riffer

Indiana Law Journal

No abstract provided.

Taxes And Bounties Burdening Interstate Commerce: Distinguishing Boston Stock Exchange From Alexandria Scrap

Washington and Lee Law Review

No abstract provided.

Lease Or Security Interest: A Classic Problem Of Commercial Law, Joseph Epps Claxton

Mercer Law Review

Article 9 of the Uniform Commercial Code was drafted in such a manner as to cover almost all consensual security interests in personal property. With relatively few exceptions, the Article expressly applies "to any transaction (regardless of its form) which is intended to create a security interest in personal property." Therefore, in any consideration of the possible application of Article 9 to a particular set of facts, the first and most basic question to be resolved is whether a security interest exists. Ordinarily, the result of such an inquiry is not particularly elusive, but this fact should not obscure the …

Efts: Consumer Protection Under The Ucc, Susan E. Jinnett

University of Michigan Journal of Law Reform

In view of the economic significance of the payments system, the laws governing it must be equitable and comprehensive. The development of the commercial law applicable to EFTS's, however, currently lags behind the growth of these systems. Threats to the integrity of EFTS's stem from lost, stolen, or forged access cards, illegal taps into communication lines, physical impairment of the equipment, or improper programming. The legal rights and liabilities of consumers where the integrity of an EFTS has been breached remains unclear, in part because the status of EFTS's under current law is uncertain. The rights of the parties involved …

Import Competition And The Trade Act Of 1974: A Case Study Of Section 201 And Its Interpretation By The International Trade Commission, Walter Adams, Joel B. Dirlam

Indiana Law Journal

No abstract provided.

Warranties—Uniform Commercial Code—Effects Of Federal Warranty Law On Washington U.C.C. Provisions—Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312 (Supp. V. 1975), Guy Towle

Washington Law Review

Consumer product warranties—their creation, breach, and remedies upon breach—have generally been controlled by the common law and Uniform Commercial Code (U.C.C.) provisions in each state. Washington is no exception, and the Magnuson-Moss Warranty Act should have a significant impact upon the traditional warranty law of this jurisdiction. This note will briefly discuss the Act's basic requirements and then consider the impact of several of the Act's major provisions upon similar or conflicting provisions of the Washington Uniform Commercial Code. Primary emphasis will be placed upon the Act's effects regarding the doctrine of privity, disclaimer of implied warranties, limitation on remedies …

Preamble, Herbert Wechsler

Vanderbilt Law Review

As readers of the Review are undoubtedly aware, the American Law Institute was organized in 1923 as a permanent organization of lawyers, judges, and law teachers "to promote," as its charter recites, "the clarification and simplification of the law and its better adaptation to social needs." ...

Work on the Code began' in 1969 with Professor Loss as the Reporter, aided by consultants and advisers whose experience and expertise is equaled only by their high distinction in this field. Five tentative drafts have been printed in the years from 1972 to 1976 and a sixth, which now is off the …

Antitrust Consequences Of United States Corporate Payments To Foreign Officials, James F. Rill, Richard L. Frank

Vanderbilt Law Review

This Article examines the feasibility and desirability of marshalling section 2(c)' of the Clayton Act as amended by the Robinson-Patman Act and sections 1 and 2 of the Sherman Act against a practice having deep legal, political, and emotional significance in the United States and overseas. Difficult questions of jurisdiction and coverage are presented, as are major issues of public policy on what the role, if any, should be for these provisions.

Products Liability--Liability Of Transferee For Defective Products Manufactured By Transferor, P. Anthony Lannie

Vanderbilt Law Review

In the landmark decision, Greenman v. Yuba Power Products,Inc., , the California Supreme Court eliminated a similar barrier to consideration of products liability goals-the breach of warranty theory designed to meet the needs of commercial transactions. Justice Traynor addressed the central question-"When should the manufacturer be responsible to those injured by his products?"'-and concluded that "rules . . .that were developed to meet the needs of commercial transactions cannot properly be invoked to govern the manufacturer's liability to those injured by their defective products unless those rules also serve the purposes for which such liability is imposed."' Confronted with another …

Choice Of Forum And Public Policy: Some Indications Of The Development In United States Law Of A Distinct International Public Policy, Gabriel M. Wilner

North Carolina Journal of International Law

No abstract provided.

State V. Bundrant: The Long Arm Reaches Seaward, Woody Connette

North Carolina Journal of International Law

No abstract provided.

North Carolina's Import-Export Property Taxation Classification Statute: A Question Of Constitutionality, Edmund Jr. Pickup

North Carolina Journal of International Law

No abstract provided.

Foreign-Trade Zones: An Opportunity For North Carolina, Mark Fogel

North Carolina Journal of International Law

No abstract provided.

State Responsibility To Espouse Claims Of Nationals Based On Contracts With Foreign Nations, David Hamilton

North Carolina Journal of International Law

No abstract provided.

Recent Developments, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

Tai Kien Industry Co. Ltd. V. M/V Hamburg: Contractual Forum Selection Clears Another Hurdle, Dumont Iv Clarke

North Carolina Journal of International Law

No abstract provided.

Table Of Contents - Issue 2, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

Evolving International Law For The Protection Of Art, Michael W. Taylor

North Carolina Journal of International Law

No abstract provided.

Scm Corp. V. Langis Foods, Ltd.: Registration Of Foreign Patents In The United States, Frederic L. Borch Iii

North Carolina Journal of International Law

No abstract provided.

Book Reviews, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

International Commercial Disputes: The Alternative Of Arbitration, Laura L. Yaeger

North Carolina Journal of International Law

No abstract provided.

Hughes Aircraft Co. V. United States: Juridiction Over Patent Infringement Claims Against The United States, Michael L. Ball

North Carolina Journal of International Law

No abstract provided.

The Development Argreement: An Essential Legal Tool For Securing Direct Investments In The Developing World Against Non-Commercial Risks, Lee L. Corum

North Carolina Journal of International Law

No abstract provided.

Book Review, James K. Weeks

Syracuse Journal of International Law and Commerce

Review of the book “The Law of the European Economic Community-A Commentary on the EEC Treaty” by Hans Smit and Peter Herzog.