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Full-Text Articles in Commercial Law
Finding Safe Harbor: Navigating Washington's New Unfair Competition Law, Daniel Shickich
Finding Safe Harbor: Navigating Washington's New Unfair Competition Law, Daniel Shickich
Washington Journal of Law, Technology & Arts
Under a new law, manufacturers and retailers that sell products in Washington State could face stiff penalties if their products are made using stolen or misappropriated information technology (“stolen IT”). In 2011 the Washington Legislature passed Substitute House Bill 1495, creating a new cause of action that allows private plaintiffs or the state attorney general to seek injunctive relief and damages against manufacturers that use stolen IT in their business operations. The law also creates an additional claim for actual damages of up to $250,000 against third parties who contract with violating manufacturers and sell the products in Washington. Using …
Defining "Breach Of The Peace" In Self-Help Repossessions, Ryan Mcrobert
Defining "Breach Of The Peace" In Self-Help Repossessions, Ryan Mcrobert
Washington Law Review
Since Roman times, creditors have invoked the limited extrajudicial remedy of self-help repossession. Pre-colonial English laws also allowed for a limited repossession remedy outside of the courts, provided the creditor accomplished the repossession without a “breach of the peace.” The Uniform Commercial Code (UCC) has allowed for the self-help remedy since the 1950s, making it available for any secured party in the event of contractual default so long as there was no breach of the peace. The drafters of the UCC, however, failed to define what constituted a “breach of the peace,” choosing to allow the courts to flesh out …