Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Interpreting Codes, Bruce W. Frier Aug 1991

Interpreting Codes, Bruce W. Frier

Michigan Law Review

Large systematically codified bodies of law, such as the European codes or the UCC, gradually effect, or at least encourage, a different kind of legal culture, in which, as such codes are integrated within a national legal heritage, general clauses and principles become more salient within an expanded interpretive community. Because of the open texture of their rules, codes foster an altered legal posture; ancient judicial vigilance against the intrusive legislation may give way to a new ethos of cooperation in the development of law. To be sure, it remains uncertain whether the resulting law will be, in fact, "better," …


Judicial Intervention In Contractual Relationships Under The Uniform Commercial Code And Common Law, H. W. Classen Jan 1991

Judicial Intervention In Contractual Relationships Under The Uniform Commercial Code And Common Law, H. W. Classen

South Carolina Law Review

No abstract provided.


The Unbearable Lightness Of Title Under The Uniform Commercial Code, William Tabac Jan 1991

The Unbearable Lightness Of Title Under The Uniform Commercial Code, William Tabac

Law Faculty Articles and Essays

This Article will offer the heresy that the transactions in goods that the Code regulates are still firmly grounded on ownership principles and that these principles must be reckoned with to fulfill the Code's design. It is therefore important first to identify the various property interests in goods that one can obtain under the Code and determine how the Code ties these interests to title.


Countermanded Checks And Fair Dealing Under The Uniform Commercial Code, William Tabac Jan 1991

Countermanded Checks And Fair Dealing Under The Uniform Commercial Code, William Tabac

Law Faculty Articles and Essays

This article evaluates the potential effect of this tort on the bank andits customer where the improper payment is an indisputable binding stop payment order. Part I examines a bank's duty to properly pay checks.Part II describes the bank's reimbursement rights. Part III examines the breach of covenant of good faith tort. Part IV analyzes liability under the Code. Part V argues that banks must promptly recredit customers' accounts when banks improperly pay over binding stop payment orders. The article concludes that upon being notified that it has overlooked a binding stop payment order, a bank must promptly recredit the …


Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert Jan 1991

Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert

University of Richmond Law Review

This survey of commercial law in Virginia discusses significant Uniform Commercial Code ("Code") cases decided by the Virginia Supreme Court during the past year, as well as all significant statutory changes made to the Code during the 1991 session of the General Assembly. It also reviews selected Code cases decided in the Virginia circuit courts and in the various federal courts sitting in Virginia.


The Case To Be Made For Proposed Article 4a Of The Uniform Commercial Code: What's A Trillion Dollars Between Friends?!, Michael I. Spak Jan 1991

The Case To Be Made For Proposed Article 4a Of The Uniform Commercial Code: What's A Trillion Dollars Between Friends?!, Michael I. Spak

Kentucky Law Journal

No abstract provided.


General Provisions, Sales, Bulk Transfers, And Documents Of Title, John D. Wladis, David Frisch Dec 1990

General Provisions, Sales, Bulk Transfers, And Documents Of Title, John D. Wladis, David Frisch

John D Wladis

No abstract provided.


An Appraisal Of The March 1, 1990, Preliminary Report Of The Uniform Commercial Code Article 2 Study Group, John D. Wladis Dec 1990

An Appraisal Of The March 1, 1990, Preliminary Report Of The Uniform Commercial Code Article 2 Study Group, John D. Wladis

John D Wladis

No abstract provided.