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Commercial Law Commons

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University of Washington School of Law

1967

Articles 1 - 10 of 10

Full-Text Articles in Commercial Law

Duty To Warn Extended To Non-Commercial Vendor Selling Chattel "As Is", Anon Dec 1967

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 Nov 1967

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 Apr 1967

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 Apr 1967

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 …


Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson Mar 1967

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 …


Disclaimers Of Warranty, Limitation Of Liability, And Liquidation Of Damages In Sales Transactions, Teisuke Akamatsu, George H. Bonneville Mar 1967

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 …


Products Liability In Sales Transactions, Satoshi Niibori, Richard Cosway Mar 1967

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 …


Products Liability In Sales Transactions, Satoshi Niibori, Richard Cosway Mar 1967

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 Mar 1967

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 Mar 1967

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 …