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Full-Text Articles in Law
Diminishing Returns: Doing Without A Separate Provision For Implied Warranty Disclaimers Through Dealing, Performance, And Usage, Aremona G. Bennett
Diminishing Returns: Doing Without A Separate Provision For Implied Warranty Disclaimers Through Dealing, Performance, And Usage, Aremona G. Bennett
Cleveland State Law Review
This article calls for the rethinking of subsection 2-316(3)(c), the course of dealing, course of performance, and trade usage disclaimer provision. The statutory formation of Article 2 requires elsewhere that, if applicable, any or all of these three factors must be considered when interpreting an agreement. Enactment of this second, separate provision should have directed courts to a more equable construction of implied warranty disclaimers of dealing, performance, and usage. This provision should have guided practitioners to a more reliable understanding of the requirements of such disclaimers. Not only did this provision do neither, but it also blurred the distinction …
Two Decades Of 2-207: Review, Reflection And Revision, Paul Barron, Thomas W. Dunfee
Two Decades Of 2-207: Review, Reflection And Revision, Paul Barron, Thomas W. Dunfee
Cleveland State Law Review
This article is divided into six parts: (1) a description of the modern commercial context within which UCC section 2-207 was created and is now applied; (2) a summary of the pre-Code rule; (3) an overview of the rule engendered by section 2-207; (4) an analysis of the interpretative history of section 2-207; (5) a proposed decision model for the application of section 2-207; and (6) the suggested statutory revision.
Defective Automobiles And The U.C.C., William T. Stanley Jr.
Defective Automobiles And The U.C.C., William T. Stanley Jr.
Cleveland State Law Review
The automobile warranty disclaimer today is the subject of much controversy and abuse, often with good reason. The automobile purchaser has long suffered from being on the sticky end of a contract of adhesion. Those who own automobiles have all too often had unpleasant experiences with patent flaws, latent defects and shoddy repairs. But sympathy is generally coming to lie with the "aggrieved" buyer, and the warranty disclaimer is now under siege. Two interrelated topics will be covered in this discussion: warranty disclaimers under Henningsen v. Bloomfield Motors and under the Uniform Commercial Code (hereinafter referred to as "Code"); and …
The Law Of Overdrafts, William O. Morris
The Law Of Overdrafts, William O. Morris
Cleveland State Law Review
It is the intent in this article to examine the judicial decisions in which the courts of this country have been called upon to resolve the rights and liabilities of parties involved with the issuance, payment, and receipt of overdrafts of both depositors and non-depositors of the payor bank.