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Articles 31 - 60 of 98
Full-Text Articles in Commercial Law
State Regulation Of Franchising: The Washington Experience, Donald S. Chisum
State Regulation Of Franchising: The Washington Experience, Donald S. Chisum
Washington Law Review
The successful use of franchising as an adjunct to more traditional marketing techniques by business firms seeking nationwide distribution for their products, services, and ideas has stimulated many franchisor abuses. Professor Chisum comprehensively discusses a variety of remedies available to the franchisee seeking relief from franchisor abuses, including remedies provided by the common law, federal and state securities laws, and the federal antitrust laws. The article assesses the relative success and failure of these general remedies in rectifying the specific problems of franchisor abuses. The author then critically examines the Washington Franchise Investment Protection Act which was enacted in 1971 …
Usury—Installment Sales Contracts: Limitation Of The Scope Of The Time Price Doctrine—National Bank Of Commerce Of Seattle V. Thomsen, 80 Wn.2d 406, 495 P.2d 332 (1972), P. A. H.
Washington Law Review
In 1965 Greg Thomsen entered into an agreement with Carter Motors for the purchase of an automobile. In addition to signing a purchase order, Thomsen executed a conditional sales contract which provided that payments were to be made to the National Bank of Commerce (NBC) and showed a time price differential of $242.15, the equivalent of a 14.61 percent annual finance charge. A Carter Motors salesman had requested that Thomsen finance the purchase through NBC, which had supplied the contract form and other documents used in the transaction. Carter Motors immediately assigned the contract to NBC pursuant to a financing …
Negotiable Instruments—A Comparison Of Washington Law And The Uniform Commercial Code, Richard Cosway
Negotiable Instruments—A Comparison Of Washington Law And The Uniform Commercial Code, Richard Cosway
Washington Law Review
No abstract provided.
Negotiable Instruments—A Comparison Of Washington Law And The Uniform Commercial Code, Richard Cosway
Negotiable Instruments—A Comparison Of Washington Law And The Uniform Commercial Code, Richard Cosway
Washington Law Review
No abstract provided.
Duty To Warn Extended To Non-Commercial Vendor Selling Chattel "As Is", Anon
Duty To Warn Extended To Non-Commercial Vendor Selling Chattel "As Is", Anon
Washington Law Review
The ignition system of T's pickup truck had a safety switch to prevent the engine from being started when the automatic transmission was in gear. When T accidentally broke the safety switch, the ignition system became inoperable. To remedy that situation, T joined the wires of the ignition system so as to bypass the broken safety switch. He knew this modification made it possible to start the truck even when the transmission was in gear. Later the motor broke down, and T had the truck towed to defendant's dealership, where he sold it "as is" to defendant. T did not …
Duty To Warn Extended To Non-Commercial Vendor Selling Chattel "As Is", Anon
Duty To Warn Extended To Non-Commercial Vendor Selling Chattel "As Is", Anon
Washington Law Review
The ignition system of T's pickup truck had a safety switch to prevent the engine from being started when the automatic transmission was in gear. When T accidentally broke the safety switch, the ignition system became inoperable. To remedy that situation, T joined the wires of the ignition system so as to bypass the broken safety switch. He knew this modification made it possible to start the truck even when the transmission was in gear. Later the motor broke down, and T had the truck towed to defendant's dealership, where he sold it "as is" to defendant. T did not …
Meeting Competition Exception To Sales Below Cost Prohibition, Anon
Meeting Competition Exception To Sales Below Cost Prohibition, Anon
Washington Law Review
On August 14, 1963, defendant's officials determined that they would advertise and sell fryer chickens at twenty-nine cents per pound during the upcoming Labor Day weekend. Defendant's invoice cost was thirty and one half cents per pound. Competing stores had sold at twenty-nine cents on July 24, August 14 and August 16. Before it established the Labor Day weekend selling price, defendant made no investigation to determine the legality of its competitors' prices, but assumed their twenty-nine cent prices were legal because no action had been brought to enjoin or prosecute competitors. The state brought action to enjoin defendant's sales …
Meeting Competition Exception To Sales Below Cost Prohibition, Anon
Meeting Competition Exception To Sales Below Cost Prohibition, Anon
Washington Law Review
On August 14, 1963, defendant's officials determined that they would advertise and sell fryer chickens at twenty-nine cents per pound during the upcoming Labor Day weekend. Defendant's invoice cost was thirty and one half cents per pound. Competing stores had sold at twenty-nine cents on July 24, August 14 and August 16. Before it established the Labor Day weekend selling price, defendant made no investigation to determine the legality of its competitors' prices, but assumed their twenty-nine cent prices were legal because no action had been brought to enjoin or prosecute competitors. The state brought action to enjoin defendant's sales …
Products Liability In Sales Transactions, Satoshi Niibori, Richard Cosway
Products Liability In Sales Transactions, Satoshi Niibori, Richard Cosway
Washington Law Review
Products liability involves the vulnerability of a supplier of goods in a sales transaction to compensate for defects in the goods and for harm or injury resulting from those defects. The discussion of Japanese law which follows deals with the liability of manufacturers. It does not extend to liability of wholesalers and retailers, since there is no Japanese case authority in point. In the United States, manufacturer's liability is involved in many of the cases and in much of the literature, but there is a vast amount of additional authority involving the liability of wholesalers and retailers. Because some of …
Disclaimers Of Warranty, Limitation Of Liability, And Liquidation Of Damages In Sales Transactions, Teisuke Akamatsu, George H. Bonneville
Disclaimers Of Warranty, Limitation Of Liability, And Liquidation Of Damages In Sales Transactions, Teisuke Akamatsu, George H. Bonneville
Washington Law Review
This article will set forth and compare the domestic law of the United States and Japan, in the narrow field of law defined in the title. Many American lawyers may feel that these subjects do not deserve equal dignity with the preceding article on products liability. They are probably right, since no amount of care or study in drafting disclaimers and limitations will protect against suit for personal injuries suffered, say, by a stevedore who steps through a hollow spot in a wrapped bundle of household doors. Moreover, this topic obviously covers only a small part of the general subject …
Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson
Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson
Washington Law Review
But one area where the usefulness of arbitration is recognized almost universally is international business such as U.S./Japanese sales under discussion here. On reflection the reasons are not altogether happy ones, for most of the benefits as seen by the proponents of arbitration seem to flow largely from the inadequacies of litigation, which are especially pronounced in the transnational context. What are some of the difficulties peculiar to transnational litigation? In the U.S./Japanese context they include: differences of jurisdictional requirements; uncertainty about which law will be found to govern an international contract under current choice-of-law rules; uncertainty even as to …
Products Liability In Sales Transactions, Satoshi Niibori, Richard Cosway
Products Liability In Sales Transactions, Satoshi Niibori, Richard Cosway
Washington Law Review
Products liability involves the vulnerability of a supplier of goods in a sales transaction to compensate for defects in the goods and for harm or injury resulting from those defects. The discussion of Japanese law which follows deals with the liability of manufacturers. It does not extend to liability of wholesalers and retailers, since there is no Japanese case authority in point. In the United States, manufacturer's liability is involved in many of the cases and in much of the literature, but there is a vast amount of additional authority involving the liability of wholesalers and retailers. Because some of …
Disclaimers Of Warranty, Limitation Of Liability, And Liquidation Of Damages In Sales Transactions, Teisuke Akamatsu, George H. Bonneville
Disclaimers Of Warranty, Limitation Of Liability, And Liquidation Of Damages In Sales Transactions, Teisuke Akamatsu, George H. Bonneville
Washington Law Review
This article will set forth and compare the domestic law of the United States and Japan, in the narrow field of law defined in the title. Many American lawyers may feel that these subjects do not deserve equal dignity with the preceding article on products liability. They are probably right, since no amount of care or study in drafting disclaimers and limitations will protect against suit for personal injuries suffered, say, by a stevedore who steps through a hollow spot in a wrapped bundle of household doors. Moreover, this topic obviously covers only a small part of the general subject …
Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson
Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson
Washington Law Review
But one area where the usefulness of arbitration is recognized almost universally is international business such as U.S./Japanese sales under discussion here. On reflection the reasons are not altogether happy ones, for most of the benefits as seen by the proponents of arbitration seem to flow largely from the inadequacies of litigation, which are especially pronounced in the transnational context. What are some of the difficulties peculiar to transnational litigation? In the U.S./Japanese context they include: differences of jurisdictional requirements; uncertainty about which law will be found to govern an international contract under current choice-of-law rules; uncertainty even as to …
Ucc Section 2-318: Effect On Washington Requirements Of Privity In Products Liability Suits, Anon
Ucc Section 2-318: Effect On Washington Requirements Of Privity In Products Liability Suits, Anon
Washington Law Review
In recent years, there has been considerable development in the law governing liability of a seller to persons other than his immediate buyer for personal injuries caused by defective products. The rule of caveat emptor has been progressively eroded. The majority of writers and an increasing number of courts have adopted the position that a seller cannot avoid liability on the ground that he is not in privity of contract with the injured party. The Washington court appears to be following this trend. The process of judicial development, however, may be jeopardized by the recent enactment in Washington of section …
Ucc Section 9-301 (1) And Accounts, Contract Rights, And Chattel Paper: The Non-Existent Priorities, Anon
Ucc Section 9-301 (1) And Accounts, Contract Rights, And Chattel Paper: The Non-Existent Priorities, Anon
Washington Law Review
It has been said that "fortunately ... experience indicates that the practical importance of . . . [Uniform Commercial Code priority] problems is probably less than their intellectual challenge."' This may be fair warning to eager students, lawyers, and legal scholars. Such warnings, however, are seldom heeded, and pursuits of intellectual challenge are often productive. Constructive analysis of section 9-301(1) (c) and (1) (d) of the Uniform Commercial Code, insofar as they relate to "chattel paper," "accounts," and "contract rights," may prove to be most beneficial.
Unconscionability In Consumer Sales Contracts—A Defense To Actions At Law, And Under The Ucc, Anon
Unconscionability In Consumer Sales Contracts—A Defense To Actions At Law, And Under The Ucc, Anon
Washington Law Review
Plaintiff, operator of a retail furniture store, sold a five hundred dollar stereo set on installment contract to defendant Williams, knowing that defendant supported herself and seven children on a two hundred eighteen dollar monthly welfare payment. At the time defendant bought the set, she owed plaintiff one hundred sixty four dollars on thirteen prior purchases. The form contract provided that plaintiff would retain title to all items purchased until the purchaser had paid all amounts due in full, and that the debt on each item was secured by the right to repossess all items purchased. When defendant defaulted shortly …
Ucc—Liberal Interpretation Of Financing Statement Requirements, Anon
Ucc—Liberal Interpretation Of Financing Statement Requirements, Anon
Washington Law Review
Filing requirements under the Connecticut enactment of the Uniform Commercial Code have been construed by two recent decisions of the United States Court of Appeals for the Second Circuit. In one case, a creditor duly filed a "security agreement" which the debtor, "Excel Stores, Inc.," had inadvertently signed "Excel Department Stores." Upon debtor's adjudication as a bankrupt, creditor filed a reclamation petition. The district court denied the petition, holding that the security agreement was not properly signed in accordance with Uniform Commercial Code section 9-402(1). On appeal, the Second Circuit reversed and held: Use of "Excel Department Stores" instead of …
The Uniform Commercial Code—Sb 122, Richard Cosway, Warren L. Shattuck
The Uniform Commercial Code—Sb 122, Richard Cosway, Warren L. Shattuck
Washington Law Review
Senate Bill 122, enacting the Uniform Commercial Code in Washington, was passed during the recent legislative session. The effective date of the new statute is June 30, 1967. Since 1952, when the Uniform Commercial Code [hereinafter cited as UCC] was first proposed by the National Conference of Commissioners on Uniform State Laws and the American Law Institute, it has been enacted by forty-one states, the District of Columbia, and the Virgin Islands. It is now much easier to list the-states which have not enacted it. These are: Alabama, Arizona, Delaware, Idaho, Louisiana, Mississippi, South Dakota, South Carolina, and Vermont. As …
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 3], Richard Cosway
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 3], Richard Cosway
Washington Law Review
The following article is the third in a series by Professor Richard Cosway on negotiable instruments in which he compares existing Washington law with Article 3 of the Uniform Commercial Code. Previous articles on Article 3 have appeared in 38 Wash. L. Rev. 501 (1963) and 38 Wash. L. Rev. 769 (1963).
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 2], Richard Cosway
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 2], Richard Cosway
Washington Law Review
No abstract provided.
The Roles Of Lawyers In U.S.-Japanese Business Transactions, Dan Fenno Henderson
The Roles Of Lawyers In U.S.-Japanese Business Transactions, Dan Fenno Henderson
Washington Law Review
This article deals with the organization, qualifications and roles of lawyers in U.S.-Japanese transactions, with emphasis on the liaison lawyer. It is not easy for the liaison lawyer to define his specialty because it is determined by the transactions, and they sprawl across the borders of two or more countries and cut across multiple fields of substantive law. Some awkward professional problems and postures can result. First, there are unusual threshold problems of language and multiple bar membership, different professional ethics and scopes of practice, and conflicting governing laws. Then once in the practice, the liaison lawyer's inventory of useful …
Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 2], Warren L. Shattuck, Lisle R. Guernsey
Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 2], Warren L. Shattuck, Lisle R. Guernsey
Washington Law Review
No abstract provided.
Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 1], Warren L. Shattuck, Lisle R. Guernsey
Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 1], Warren L. Shattuck, Lisle R. Guernsey
Washington Law Review
It is our hope that this discussion will serve a dual purpose: (1) provide a basis for evaluating the desirability of Article 5 and so aid in an over-all evaluation of the Uniform Commercial Code in this period of pre-enactment consideration of the Code's merits, and (2) provide a point of departure for Washington bankers and lawyers who become concerned with letter of credit problems after enactment of the Code. The first of these objectives seems better served if we undertake with each section a critique of its operation in light of the existing practice. This we have done.
Sales—Automobile Warranties, Daniel B. Ritter
Sales—Automobile Warranties, Daniel B. Ritter
Washington Law Review
A defective switch in a new automobile started a fire that destroyed the entire machine. Under the standard warranty given by all automobile manufacturers, the dealer's only obligation was to supply a new switch. By so deciding, Norway v. Root illustrated the worthlessness of the standard warranty. But the importance of the case lies in the Washington court's intimation that it might invalidate disclaimers of implied warranty in automobile sales were the issue squarely presented.
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part V), Richard Cosway
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part V), Richard Cosway
Washington Law Review
The final part of this five-part article, resuming with section 2-701, Remedies for Breach of Collateral Contracts Not Impaired.
Debtors' Exemption Statutes—Revision Ideas, Marjorie Dick Rombauer
Debtors' Exemption Statutes—Revision Ideas, Marjorie Dick Rombauer
Washington Law Review
This article delineates the purposes which exemption laws should serve and surveys ways in which a comprehensive revision of the Washington statutes can more equitably (both as to debtors and creditors) effectuate these purposes. The discussion is far from exhaustive of the many provisions which might be considered in a revision of the debtor exemption area. It is intended only as a starting point for the thinking of attorneys.
Commercial Law, Robert L. Taylor
Commercial Law, Robert L. Taylor
Washington Law Review
Covers recent laws on mutual savings banks.
Creditor's Rights, Robert Debruyn, Paul A. Webber
Creditor's Rights, Robert Debruyn, Paul A. Webber
Washington Law Review
Covers cases on motor vehicle chattel mortgages—dual aspects of notice by registration and filing (DeBruyn) and on litigation of a tort claim in a garnishment proceeding—levy of execution upon a tort claim (Webber)
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iv), Richard Cosway
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iv), Richard Cosway
Washington Law Review
Continues with section 2-501, Insurable Interest in Goods; Manner of Identification of Goods