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Articles 1 - 16 of 16
Full-Text Articles in Law
Warranties And Remedies On Breach: Proposed Revision Of Article 2 And Related Proposals Concerning Products Liability Law, Richard E. Speidel, James J. White
Warranties And Remedies On Breach: Proposed Revision Of Article 2 And Related Proposals Concerning Products Liability Law, Richard E. Speidel, James J. White
Other Publications
The following materials contain (1) the warranty provisions, §§2-313 through 2-318, from the October, 1995 Draft of Revised Article 2, Sales, with selected Reporter's Notes; (2) Discussion questions on warranties; and (3) A comparison of Revised Article 2 and the ALl's Products Liability Restatement (Tent. Draft #2, March 13, 1995), with discussion problems.
How To Negotiate A Sales Contract, James J. White
How To Negotiate A Sales Contract, James J. White
Articles
A. Introduction 1. In my experience, lawyers begin negotiating only after the business people have decided upon the description and quality of the product, the time of delivery, and the mode and amount of payment. The lawyers are left with the pathological problems - who gets what in case of trouble. 2. Most of those pathological problems relate to the seller's responsibility if the product does not conform to the contract or otherwise fails to please the buyer. These failures can cause economic loss to the buyer, economic loss to a remote purchaser, or personal injury or property damage to …
Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White
Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White
Other Publications
In my experience, lawyers begin negotiating only after the business people have decided upon the description and quality of the product, the time of delivery, and the mode and amount of payment. The lawyers are left with the pathological problems--who gets what in case of trouble. Most of those problems relate to the seller's responsibility if the product does not conform to the contract or otherwise fails to please the buyer. These failures can cause economic loss to the buyer, economic loss to a remote purchaser, or personal injury or property damage to immediate or remote parties. Third parties may …
The Emerging Article 2: Remedies For Breach Of The Contract For Sale, Richard E. Speidel, James J. White
The Emerging Article 2: Remedies For Breach Of The Contract For Sale, Richard E. Speidel, James J. White
Other Publications
Article 2, Sales is being revised by a Drafting Committee of the National Conference of Commissioners on Uniform State Laws. To date, the Drafting Committee has held eight meetings and two more are scheduled for early 1995 . The first reading of revised Article 2 occurred at the annual meeting of NCCUSL in August, 1994. A target completion date for the Article 2 project is August, 1996 .
Product Defects Causing Commercial Loss: The Ascendancy Of Contract Over Tort, William K. Jones
Product Defects Causing Commercial Loss: The Ascendancy Of Contract Over Tort, William K. Jones
University of Miami Law Review
No abstract provided.
Strict Liability And Warranty In Consumer Protection: The Broader Protection Of The Ucc In Cases Involving Economic Loss, Used Goods, And Nondangerous Defective Goods
Washington and Lee Law Review
No abstract provided.
Products Liability And Judicial Wealth Redistributions, Alan Schwartz
Products Liability And Judicial Wealth Redistributions, Alan Schwartz
Indiana Law Journal
No abstract provided.
Uniform Commercial Code - Section 2-719(3) - Presumption Of Unconscionability On The Part Of Tire Manufacturer For Exclusion Of Liability For Personal Injuries Under Express Warranty Against Blowouts Is Not Rebutted By Proof That The Tire Was Not Defective, Katherine A. Bomba
Villanova Law Review
No abstract provided.
Recent Developments In Products Liability Law In Pennsylvania, Warren W. Faulk
Recent Developments In Products Liability Law In Pennsylvania, Warren W. Faulk
Villanova Law Review
No abstract provided.
Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele
Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele
West Virginia Law Review
No abstract provided.
Sales And Secured Transactions, Douglass Boshkoff
Sales And Secured Transactions, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Sales-Liability Of Wholesaler To Consumer Injured By Eatingunwholesome Packaged Goods. [Texas]
Sales-Liability Of Wholesaler To Consumer Injured By Eatingunwholesome Packaged Goods. [Texas]
Washington and Lee Law Review
No abstract provided.
Sales-Right Of Sub-Vendee To Recover From Manufacturer For Property Damage Caused By Defective Goods [Jordon V. Brouwer, Ohio 1949]
Washington and Lee Law Review
No abstract provided.
Rescission For Breach Of Seller's Warranty, Robert T. Donley
Rescission For Breach Of Seller's Warranty, Robert T. Donley
West Virginia Law Review
In the case of American Sugar Refining Company v. Martin-Nelly Grocery Company it was held that the buyer of goods could not rescind an executed sale for breach of the seller's warranty. Approximately eight months later the same court rendered a contrary decision in the case of Kemble v. Wiltison, without overruling, distinguishing or even mentioning the first case. The present status of the West Virginia law on this point is therefore doubtful. It is the purpose of this note to discuss these and other cases in an effort to reconcile them and to state the correct governing principles.
Sales: Liability For The Presence Of Mice And Other Uncommon Things In Food, John B. Waite
Sales: Liability For The Presence Of Mice And Other Uncommon Things In Food, John B. Waite
Articles
A group of recent decisions presents a somewhat farcical conformity with Montesquieu's thesis that "law" may vary with time and geography. It strikingly illustrates, also, the importance of the particular theory of liability upon which a suit is predicated. The unusual similarity in detail of the operative facts of these cases lends peculiar emphasis to the difference in the judgments rendered.
Preferences Arising From Trust Relations, Harry B. Hutchins
Preferences Arising From Trust Relations, Harry B. Hutchins
Articles
Where property has once been impressed with a trust, the quality inheres therein and in the proceeds thereof so long as the trust relation continues, provided the rights of a bonafide purchaser for value and without notice do not intervene and identification remain possible. The trust impress, in the absence of a superior equity, at once places property in the preferred class. In equity, trust property belongs to the cesiui que trust, and his claim to it cannot be defeated by the insolvency or dishonesty of the trustee, if it constitutes, in an identifiable form, a part of the trustee's …