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1970

Commercial Law

Institution
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Articles 1 - 28 of 28

Full-Text Articles in Law

Harpooning Whales, Of Which Karl N. Llewellyn Is The Hero Of The Piece; Or Searching For More Expansion Joints In Karl's Crumbling Cathedral, David W. Carroll Dec 1970

Harpooning Whales, Of Which Karl N. Llewellyn Is The Hero Of The Piece; Or Searching For More Expansion Joints In Karl's Crumbling Cathedral, David W. Carroll

Boston College Law Review

No abstract provided.


How Can A Bank Become A Holder And Give Value In Order To Attain Holder In Due Course Status?, Alan Richard Atkins Dec 1970

How Can A Bank Become A Holder And Give Value In Order To Attain Holder In Due Course Status?, Alan Richard Atkins

Boston College Law Review

No abstract provided.


Uniform Commercial Code--Sales--Sections 2-508 And 2-608--Limitations On The Perfect-Tender Rule, Michigan Law Review Nov 1970

Uniform Commercial Code--Sales--Sections 2-508 And 2-608--Limitations On The Perfect-Tender Rule, Michigan Law Review

Michigan Law Review

Section 2-601 of the UCC gives a buyer of goods a right to reject for any nonconformity to the contract specifications. While this section essentially codifies the "perfect tender" rule of pre-Code sales law, it expressly limits that rule by referring to section 2-612, which pertains to installment contracts, and sections 2-718 and 2-719, which allow contractual limitations on remedies. Moreover, other provisions in the Code have the effect of restricting the perfect-tender concept. This Note will examine how the courts have applied two such sections-2-508 and 2-608-to protect the interests of buyers and sellers after tender.


Proposed Uniform Consumer Credit Code For Indiana: Restrictions On Negotiability And Waivers Of Defenses In Consumer Credit Transactions, Rory O'Bryan Oct 1970

Proposed Uniform Consumer Credit Code For Indiana: Restrictions On Negotiability And Waivers Of Defenses In Consumer Credit Transactions, Rory O'Bryan

Indiana Law Journal

No abstract provided.


Nationalism As A Factor In Legislation Restricting Foreign Investment: Extractive Industries In Mexico, Ira B. Zinman Jul 1970

Nationalism As A Factor In Legislation Restricting Foreign Investment: Extractive Industries In Mexico, Ira B. Zinman

Indiana Law Journal

No abstract provided.


The Interstate Commerce Commission, Robert G. Bleakney Jr May 1970

The Interstate Commerce Commission, Robert G. Bleakney Jr

Boston College Law Review

No abstract provided.


The Indiana Business Tax Roadblock, Charles F. Bonser Apr 1970

The Indiana Business Tax Roadblock, Charles F. Bonser

Indiana Law Journal

No abstract provided.


Priority Problems In Receivables Financing: The German Experience And The Uniform Commercial Code Compared, Peter L. Murray Mar 1970

Priority Problems In Receivables Financing: The German Experience And The Uniform Commercial Code Compared, Peter L. Murray

Boston College Law Review

No abstract provided.


Non-Judicial Repossession—Reprisal In Need Of Reform, F Anthony Mooney Mar 1970

Non-Judicial Repossession—Reprisal In Need Of Reform, F Anthony Mooney

Boston College Law Review

No abstract provided.


Interstate Cooperation And An Interstate Judiciary, Lewis H. Larue Mar 1970

Interstate Cooperation And An Interstate Judiciary, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.


The Foreign Direct Investment Regulations: Constitutional Questions And Operational Aspects Examined - Part One: The Constitutionality And Propriety Of Executive Emergency Powers, John R. Garson, Jeffrey G. Miller Feb 1970

The Foreign Direct Investment Regulations: Constitutional Questions And Operational Aspects Examined - Part One: The Constitutionality And Propriety Of Executive Emergency Powers, John R. Garson, Jeffrey G. Miller

Boston College Law Review

No abstract provided.


The Foreign Direct Investment Regulations: Constitutional Questions And Operational Aspects Examined - Part Two: Operational Aspects Of The Foreign Direct Investment Regulations, John R. Garson, Jeffrey G. Miller Feb 1970

The Foreign Direct Investment Regulations: Constitutional Questions And Operational Aspects Examined - Part Two: Operational Aspects Of The Foreign Direct Investment Regulations, John R. Garson, Jeffrey G. Miller

Boston College Law Review

No abstract provided.


Time Limitations On Warranties: Application And Validity Under The U.C.C., Daniel H. Lidman Feb 1970

Time Limitations On Warranties: Application And Validity Under The U.C.C., Daniel H. Lidman

Boston College Law Review

No abstract provided.


Price Fixing--Fair Trade Laws, James Michael Brown Feb 1970

Price Fixing--Fair Trade Laws, James Michael Brown

West Virginia Law Review

No abstract provided.


Merchandising Through Use Of Lotteries, Robert V. Bullock Jan 1970

Merchandising Through Use Of Lotteries, Robert V. Bullock

Cleveland State Law Review

It has been almost universally held that there must be three elements present for a promotion to constitute a lottery. These elements are consideration, chance, and prize. The absence of any one of these elements is fatal to identifying the transaction as a lottery.Promoters are continually modifying and shading each of these three elements, however, so that the courts and government officials must constantly reappraise their positions to protect both the public and legitimate business.


Icc Jurisdiction Of Great Lakes Rail-Water Competition, Arthur E. Miller Jan 1970

Icc Jurisdiction Of Great Lakes Rail-Water Competition, Arthur E. Miller

Cleveland State Law Review

The regulatory framework surrounding the transportation industry is complex and the absence of any easy resolution of contemporary problems fostered by competitive abuse can be appreciated only by viewing the development and application of administrative powers initiated by the Act to Regulate Commerce.Although the Interstate Commerce Commission has supervised the competitive arena , the age and condition of the Great Lakes fleet manifests water carrier inability to overcome railroad economic power. The viability and future existence of the Great Lakes water carrier could well be determined by a Commission decision in a in a current coal case which represents the ...


Unconscionability Under The Uniform Commercial Code - Two Trends In Cases Decided On Unconscionability Grounds, David F. Rolewick Jan 1970

Unconscionability Under The Uniform Commercial Code - Two Trends In Cases Decided On Unconscionability Grounds, David F. Rolewick

Loyola University Chicago Law Journal

No abstract provided.


Chapter 7: Commercial Law, David W. Carroll Jan 1970

Chapter 7: Commercial Law, David W. Carroll

Annual Survey of Massachusetts Law

No abstract provided.


Competing State And Federal Roles In Consumer Credit Law , Carl Felsenfeld Jan 1970

Competing State And Federal Roles In Consumer Credit Law , Carl Felsenfeld

Faculty Scholarship

An important problem confronting those in the consumer credit industry is the absence of a cohesive body of law. This impairs creditors of all types and also results in unequal treatment of consumers. In a comprehensive study Mfr. Felsenfeld analyzes the evolution from purely state regulation of consumer credit to a combination of state and federal control. The author suggests that, despite certain merits of local regulation, the consumer credit area may well be preempted by future federal legislation.


Cars, Creditors, And The Code: The Diverse Interpretations Of Section 9-310, Arthur G. Murphey Jr. Jan 1970

Cars, Creditors, And The Code: The Diverse Interpretations Of Section 9-310, Arthur G. Murphey Jr.

Washington University Law Review

This is a brief survey of statutory interpretation. It is a study of what courts have done in the past, on the theory that this may offer suggestions to courts faced with a similar problem in the future. It is limited to one particular priority conflict—that between a lender with a perfected security interest in an automobile and a repairman with a lien for work he has done on that automobile.


Cars, Creditors, And The Code: The Diverse Interpretations Of Section 9-310, Arthur Murphey Jan 1970

Cars, Creditors, And The Code: The Diverse Interpretations Of Section 9-310, Arthur Murphey

Faculty Scholarship

No abstract provided.


Commercial Transactions (Teaching Materials) By Richard E. Speidel, Robert S. Summers, And James J. White, Harry R. Sachse Jan 1970

Commercial Transactions (Teaching Materials) By Richard E. Speidel, Robert S. Summers, And James J. White, Harry R. Sachse

Indiana Law Journal

No abstract provided.


Uniform Commercial Code--Assignments--Conditional Sales Contracts--Waiver Of Defense Claims, Jack M. Smith Jan 1970

Uniform Commercial Code--Assignments--Conditional Sales Contracts--Waiver Of Defense Claims, Jack M. Smith

Kentucky Law Journal

No abstract provided.


Souped Up Affirmative Disclosure Orders Of The Federal Trade Commission, William F. Lemke Jr. Jan 1970

Souped Up Affirmative Disclosure Orders Of The Federal Trade Commission, William F. Lemke Jr.

University of Michigan Journal of Law Reform

Under section 5(b) of the Federal Trade Commission Act the Commission is given authority to conduct hearings, make findings and issue cease and desist orders requiring any person, partnership or corporation to cease and desist from use of unfair methods of competition or unfair or deceptive practices in commerce. The Commission also issues consent orders in cases which are concluded by agreement between the Commission and the allegedly offending party. Consent orders have the same force and binding effect as those issued after hearings and findings. Although it is well established that the Commission has very broad discretion and ...


Liability Of Carrier For Loss Or Damage To International Shipments, Thomas R. Skulina Jan 1970

Liability Of Carrier For Loss Or Damage To International Shipments, Thomas R. Skulina

Cleveland State Law Review

Though shipments by truck or rail are usually interstate or intrastate, many such shipments traverse the Mexican and Canadian borders or involve delivery from or to an ocean vessel for international transshipment. The federal laws which set out the liability of a carrier for interstate shipments are known as the Carmack Amendment and the Cummins Acts. This article will deal with the regulation of the so-called "International Shipment." A myriad of problems arises in the determination of what law is applicable to a shipment that either originated in or is destined for a foreign nation. Though the Federal statute itself ...


In Pari Delicto And Unclean Hands As Defenses To Private Suit Under Sec Rule 10b-5 - Kuehnert V. Texstar Corp. Jan 1970

In Pari Delicto And Unclean Hands As Defenses To Private Suit Under Sec Rule 10b-5 - Kuehnert V. Texstar Corp.

Maryland Law Review

No abstract provided.


Enforcement Of A Promise In Modern American Law (Gendai Amerikaho Ni Okeru Yakusoku No Kyosei), Whitmore Gray Jan 1970

Enforcement Of A Promise In Modern American Law (Gendai Amerikaho Ni Okeru Yakusoku No Kyosei), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970.

The sixth and final installment describes the history of contractual enforcement in the U.S. and highlights changes introduced through adoption of the UCC.


Representing The Low Income Consumer In Repossessions, Resales And Deficiency Judgment Cases, James J. White Jan 1970

Representing The Low Income Consumer In Repossessions, Resales And Deficiency Judgment Cases, James J. White

Articles

The goal of this article is to lend a helping hand to the debtor's lawyer in his job of defending deficiency judgment suits brought following the repossession and resale of a debtor's encumbered personal property. Although some of the following discussion is relevant to the defense of any creditor's suit, and some applies to representation of the debtor prior to repossession or resale, the focal point of the discussion is the low-income consumer who has lost his automobile, television or some other "hard good" and has become a defendant in a suit brought by his secured creditor ...