Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (9)
- Contracts (9)
- Computer Law (7)
- Internet Law (6)
- Dispute Resolution and Arbitration (5)
-
- Intellectual Property Law (3)
- International Trade Law (3)
- Law and Economics (3)
- Banking and Finance Law (2)
- Business Organizations Law (2)
- Torts (2)
- Administrative Law (1)
- Air and Space Law (1)
- Bankruptcy Law (1)
- Civil Law (1)
- Communication (1)
- Conflict of Laws (1)
- Consumer Protection Law (1)
- Courts (1)
- Energy and Utilities Law (1)
- Estates and Trusts (1)
- Food and Drug Law (1)
- International Law (1)
- Jurisdiction (1)
- Law and Politics (1)
- Legal Profession (1)
- Legal Remedies (1)
- Legislation (1)
- Keyword
-
- Uniform Commercial Code (12)
- E-commerce (7)
- Uniform Sales Act (4)
- Article 2B (3)
- Case studies (2)
-
- European Union (2)
- Software (2)
- Accident (1)
- Adhesion contracts (1)
- Adware (1)
- Aerospace (1)
- Air (1)
- Air Travel (1)
- Bankruptcy proceedings (1)
- Cannabis (1)
- Carriage (1)
- Carrier (1)
- Center for Compuer-Assisted Legal Instsruction (1)
- Chapter 11 (1)
- Chapter 11 bankruptcy proceedings (1)
- China (1)
- Circuit (1)
- Clickwrap (1)
- Cole Memo (1)
- Comparative Law (1)
- Conflict (1)
- Copyleft (1)
- Corporate charter (1)
- Corporations (1)
- Courts (1)
- Publication Year
- Publication
- Publication Type
Articles 91 - 119 of 119
Full-Text Articles in Commercial Law
Creditors' Rights, Arthur R. Hart
Creditors' Rights, Arthur R. Hart
Washington Law Review
Covers cases on redelivery bonds—waiver of rights and on ambiguities of conditional sales contract and chattel mortgage.
Sales, Clark B. Snure
Sales, Clark B. Snure
Washington Law Review
Covers cases on whether the furnishing of blood by a hospital constitutes a sale.
Negotiable Instruments, Anon
Negotiable Instruments, Anon
Washington Law Review
Covers a case on negotiable instruments—promissory note secured by chattel mortgage and on negotiable instruments—conditional delivery
Certificates Of Title As A Practical System For Constructive Notice Of Security Interests In Motor Vehicles, Donald H. Bond
Certificates Of Title As A Practical System For Constructive Notice Of Security Interests In Motor Vehicles, Donald H. Bond
Washington Law Review
The position of a person taking security interests in motor vehicles in Washington is plagued with uncertainties. A sharp increase in the rate of defaults on loans so secured could make that position not only uncertain, but precarious. This unsatisfactory state of affairs is caused by the obsolescence of the present system for providing constructive notice of such security interests. A comparison of that system, which consists of the Washington certificate of ownership statute and the conditional sales and chattel mortgage filing statutes, with the recently-drafted Uniform Motor Vehicle Certificate of Title and Anti-Theft Act makes this fact painfully obvious. …
Creditors' Rights, Warren L. Shattuck
Creditors' Rights, Warren L. Shattuck
Washington Law Review
Covers laws on nurserymen, seed, sprayers and dusters, and statutory liens and on liens for taxes.
Sales, Anon
Sales, Anon
Washington Law Review
Covers a case on the avoidance of a disclaimer by action for fraudulent misrepresentation.
Creditors' Rights, Richard W. Bartke
Creditors' Rights, Richard W. Bartke
Washington Law Review
Covers cases on time for filing claims under mechanics' liens.
Avoidance Of Disclaimer By Action For Fraudulent Misrepresentation, Eugene H. Sage
Avoidance Of Disclaimer By Action For Fraudulent Misrepresentation, Eugene H. Sage
Washington Law Review
The recent Washington Supreme Court decision in the case of Nyquist v. Foster dealt with the troublesome problem of a chattel vendee's right to rescind upon proof of the vendor's fraudulent misrepresentation in a sales situation where the contract of sale contains a disclaimer clause. The purpose of the disclaimer clause is to prevent a suit by the purchaser upon a theory of either express or implied warranty. The common practice of inserting such a clause in a contract of sale makes any ruling upon its effective scope in limiting a vendee's possible right of action a matter of importance …
Sales, Robert L. Taylor
Sales, Robert L. Taylor
Washington Law Review
Covers bulk sales and motor vehicle licensing and registration.
Statute Of Frauds—Sufficiency Of Memorandum, Eldon C. Parr
Statute Of Frauds—Sufficiency Of Memorandum, Eldon C. Parr
Washington Law Review
Action on a contract whereby P agreed to sell and D to buy 4200 day-old poults. Such a contract is unenforceable unless a memorandum signed by D is sufficient to satisfy the requirements of the statute of frauds. RCW 63.04.050 (1) [RRS § 5836-4(1)]. P relied on a printed contract form, filled in by P but unsigned by either party, and a postal card signed by D on which D wrote, "Dear Mr. Grant: I have decided to not raise any turkeys this year so will you please cancel my order? . . ." P contended that the word "order" …
Sales—Waiver Of Right To Rescind, John L. Hay
Sales—Waiver Of Right To Rescind, John L. Hay
Washington Law Review
P installed a heating system in Ds' house, removing and keeping the old furnace as part of the purchase price. On discovering faulty installation, Ds notified P of their desire to rescind and demanded reinstallation of the old furnace. P refused and filed a lien for the purchase price on Ds' house, which he now seeks to foreclose. These events took place in winter, and Ds, aged and in poor health, continued to use the new heating system, there being no other adequate means of heating the house. The trial court refused to foreclose the lien and held for Ds …
Sales—Breach Of Express Warranty—Action By Sub-Purchaser, John L. Hay
Sales—Breach Of Express Warranty—Action By Sub-Purchaser, John L. Hay
Washington Law Review
Action for damages for breach of an express warranty. C, at P's request, located a tractor for sale. P agreed to purchase the tractor if D, its owner, would give a warranty of condition. D and C assured P that such a warranty would be made. D addressed a warranty formulated according to P's specifications to C. C purchased the tractor, resold it to P, and delivered to P the statement of warranty. Trial court found for P. Appeal. Held: Affirmed. P, as beneficiary, may sue D directly for breach of the warranty, as D and C intended that the …
Resolving Ambiguities Against The Conditional Sale, Lucile Lomen
Resolving Ambiguities Against The Conditional Sale, Lucile Lomen
Washington Law Review
As a financing device, the conditional sales agreement has become very popular, but there are many legal problems arising from its use which are pitfalls for the unwary draftsman. There is a lack of harmony among the several jurisdictions as to the meaning of the term "conditional sale" and as to its incidents, once such a device is found. In several cases the Washington court has indicated a hostility to this form of financing, holding a purported conditional sales agreement to be a chattel mortgage. It is important then to have a clear understanding of the limitations of the conditional …
Donee Beneficiaries—Deckler V. Fowler, Warren L. Shattuck
Donee Beneficiaries—Deckler V. Fowler, Warren L. Shattuck
Washington Law Review
A and B contract, A promising B to render at a future date some performance to C. What are the legal relations between A and C? B and C? A hundred years ago the answers to these questions would have required consideration of something called "privity of contract" and might well have been "no legal relations". Today, however, we can, on the basis of many decisions, say with certainty that in most states A owes a contract duty to C on breach of which C may have the usual remedies of a contract obligee. In now accepted terminology C is …
Payment Of The Liquidated Portion Of A Debt As Consideration For The Discharge Of The Entire Claim, William Goucher
Payment Of The Liquidated Portion Of A Debt As Consideration For The Discharge Of The Entire Claim, William Goucher
Washington Law Review
In a recent Washington case, Paulsen Estate, Inc. v. Naches-Selah Irrigation District, the Supreme Court was called upon to decide whether the payment of the liquidated portion of a debt was a sufficient consideration for the discharge of the remaining part which was disputed by the parties. The court's decision that the debtor was thereby discharged presents a phase of accord and satisfaction which has had a peculiar history in this state.
Cases And Materials On The Law Of Credit Transactions, By Wesley A. Sturgis (1930), Frank L. Mechem
Cases And Materials On The Law Of Credit Transactions, By Wesley A. Sturgis (1930), Frank L. Mechem
Washington Law Review
No abstract provided.
Validity Of Conditional-Sale Contracts As Affected By Express Or Implied Permission To Sell In The Ordinary Course Of Business, Phyllis Cavender
Validity Of Conditional-Sale Contracts As Affected By Express Or Implied Permission To Sell In The Ordinary Course Of Business, Phyllis Cavender
Washington Law Review
Conditional sales have always been viewed with more or less disfavor by the courts, but now, in every state, with the exception of Louisiana, such a reservation of title by vendor is valid as against the bona fide purchasers and creditors of the conditional vendee, if there has been sufficient compliance with the recording laws that may exist. The question to be herein considered is whether that general rule is in any way modified where the goods are purchased for the purpose of resale. This is a problem of practical significance to the business world in that it involves the …
Trade Associations: The Legal Aspects, By Benjamin S. Kirsh (1928), Charles J. Miller
Trade Associations: The Legal Aspects, By Benjamin S. Kirsh (1928), Charles J. Miller
Washington Law Review
No abstract provided.
The "Sales In Bulk" Act, Edwin U. Driscoll
The "Sales In Bulk" Act, Edwin U. Driscoll
Washington Law Review
In the Magna Carta will be found what is said to be the first covenant for the protection of creditors' against fraudulent conveyances and other unjust acts of debtors. Since that time the attention of people through their constituted legislators has been directed to the enactment of statutes looking toward protection of creditors. Among the latest of these have been so-called "Sales in Bulk" laws, which have now been adopted in one form or another by the large majority of the states in the Union, all of which are aimed at the defrauding of creditors by the sale of all …
Implied Warranty Of Quality Under The Uniform Sales Act, J. Gordon Gose
Implied Warranty Of Quality Under The Uniform Sales Act, J. Gordon Gose
Washington Law Review
The Uniform Sales Act was adopted by the legislature of the state of Washington m the extraordinary session of 1925. This act, patterned after similar legislation previously enacted in England, is designed to bring the law of the different states into conformity To effect this purpose the draughtsmen of the act largely codified the common law, but even where such a course was followed it is inevitable that the pre-existing law of some jurisdictions must be overruled. It is the purpose of the present discussion to consider the provisions of the Sales Act relative to implied warranty of quality in …
The Uniform Sales Act In The State Of Washington, Part Iv, Leslie J. Ayer
The Uniform Sales Act In The State Of Washington, Part Iv, Leslie J. Ayer
Washington Law Review
No abstract provided.
The Uniform Sales Act In The State Of Washington, Part Iii, Leslie J. Ayer
The Uniform Sales Act In The State Of Washington, Part Iii, Leslie J. Ayer
Washington Law Review
No abstract provided.
Recent Cases, M. W. K.
The Uniform Sales Act In The State Of Washington, Leslie J. Ayer
The Uniform Sales Act In The State Of Washington, Leslie J. Ayer
Washington Law Review
The Uniform Sales Act was enacted by the State of Washington at the extraordinary session of its legislature convened November 9, 1925, and adjourned January 7, 1926. Under constitutional provision 2 this law went into effect ninety days after the adjournment of the session at which it was enacted. The advantages of uniformity of legislation in matters pertaining to commercial subjects seems so obvious as to require but slight comment. In laws relating to commercial subjects, conditions and problems are rarely of a local nature, and in view of the great amount of trading which exists between the several states, …
The Trust Receipt—Its Possible Legal Status In Washington, Harry O. Arend
The Trust Receipt—Its Possible Legal Status In Washington, Harry O. Arend
Washington Law Review
Within a period of comparatively recent date there has crept into commercial usage an instrument known as the trust receipt. Because of the extensive use now being made of the trust receipt in Washington, it is well to become acquainted with some of its legal aspects. In British law the rights of the lending bank under the trust receipt have been steadfastly upheld on the ground that the trust receipt is a necessary instrument of commerce. This view has been quite generally followed in the American courts, with the difference, however, that the courts deem it a part of their …
Cases On Business Law—Introductory Course, By Leslie J. Ayer (1926), Alfred J. Schweppe
Cases On Business Law—Introductory Course, By Leslie J. Ayer (1926), Alfred J. Schweppe
Washington Law Review
No abstract provided.
Cases On Business Law, By Ralph Stanley And Essel Ray Dillavow, Paul P. Ashley
Cases On Business Law, By Ralph Stanley And Essel Ray Dillavow, Paul P. Ashley
Washington Law Review
No abstract provided.
A Selection Of Cases Under The Interstate Commerce Act, By Felix Frankfurter (1922), C. R. Atkinson
A Selection Of Cases Under The Interstate Commerce Act, By Felix Frankfurter (1922), C. R. Atkinson
Washington Law Review
No abstract provided.
The Assignment Of Merchants' Book Accounts As Security, Robert B. Porterfield
The Assignment Of Merchants' Book Accounts As Security, Robert B. Porterfield
Washington Law Review
Repudiating the rule commonly attributed to the famous case of Dearie v. Hall, a rule which for at least 70 years had been understood to be the rule of the Federal courts, the United States Supreme court decided in 1924 that as between successive assignees of the same chose in action, mere priority of notice did not give priority of right.