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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 Indiana Business Tax Roadblock, Charles F. Bonser Apr 1970

The Indiana Business Tax Roadblock, Charles F. Bonser

Indiana Law Journal

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.


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.


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.


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.


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 authority …


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.


Case Comments--International Law--Corporations--State Denied Standing To Sue For Injury, Journal Staff Jan 1970

Case Comments--International Law--Corporations--State Denied Standing To Sue For Injury, Journal Staff

Vanderbilt Journal of Transnational Law

The Barcelona Traction, Light and Power Company, Ltd.,(hereinafter referred to as Barcelona Traction) was incorporated under Canadian law in 1911 with its main office in Toronto. Several subsidiaries were formed, all under Canadian law, to develop, produce, and distribute electric power in the vicinity of Catalonia, Spain. To finance these operations, the company issued both peseta and sterling bonds, the shares in some of the subsidiaries providing security to a Canadian bank for the sterling bonds. Revenue produced by the subsidiaries from their operations in Spain was used to service the bond interest. Servicing was suspended for the duration of …


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.


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 …


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 …


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.