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University of Michigan Law School

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Commercial Law

Liability

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Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White Jan 1994

Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White

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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 …


Checks Lost In The Collection Process, James J. White Jan 1976

Checks Lost In The Collection Process, James J. White

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Given the millions of checks that are transferred among banks every year, the opportunity for loss and misplacement of such checks is enormous and the liabilities associated with such loss can be significant. This section deals with the collecting bank's liability for the check's loss before it is delivered to payer bank. If the payer bank receives and then loses the check, it will be subject to a different set of liabilities; those liabilities will be discussed elsewhere in the program.