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Articles 1 - 30 of 55
Full-Text Articles in Commercial Law
Identifying Fundamental Breach Of Articles 25 And 49 Of The Cisg: The Good Faith Duty Of Collaborative Efforts To Cure Defects - Make The Parties Draw A Line In The Sand Of Substantiality, Yasutoshi Ishida
Michigan Journal of International Law
Article 49(1) of the CISG allows buyers of international goods to avoid their sales contracts “if the failure by the seller to perform . . . amounts to a fundamental breach.” A breach is “fundamental,” as defined by CISG article 25, when it causes the buyer such detriment “as substantially to deprive him of what he is entitled to expect under the contract.” This definition is followed by the so-called “foreseeability test,” an “unless” clause that excepts the situation where “the party in breach did not foresee[,] and a reasonable person of the same kind in the same circumstances would …
Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg
Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg
Barry Law Review
No abstract provided.
Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel
Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel
Barry Law Review
No abstract provided.
The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White
The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White
Barry Law Review
No abstract provided.
Importing Uniform Sales Law Into Article 2, Steven Walt
Importing Uniform Sales Law Into Article 2, Steven Walt
Barry Law Review
No abstract provided.
The Myth Of Trade Usages: A Talk, Lisa Bernstein
The Myth Of Trade Usages: A Talk, Lisa Bernstein
Barry Law Review
No abstract provided.
The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White
The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White
Barry Law Review
No abstract provided.
Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman
Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman
Barry Law Review
No abstract provided.
Begone, Euclid!: Leasing Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener
Begone, Euclid!: Leasing Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener
Pace Law Review
Is urban center retailing in a death spiral? Competition for consumers with Internet vendors is afoot; winners and losers shall be anointed. The threats to physical retailing in an era of the “Internet of Goods” initially are described below. Adaptations by tenants, landlords, and stakeholders in urban centers will be required quickly, and new perspectives and partnerships, including those among local and regional governments, are instrumental if physical retail operations in municipal cores are to survive. The balance of this article describes these needs from the vantage point of each stakeholder; but this article argues that integrating information and communication …
Playing With Fire: Proceeding Cautiously With Reforms To The Michigan Fireworks Safety Act, Nicholas Pietropaulo
Playing With Fire: Proceeding Cautiously With Reforms To The Michigan Fireworks Safety Act, Nicholas Pietropaulo
University of Michigan Journal of Law Reform Caveat
On January 1, 2012, the Michigan Fireworks Safety Act went into effect. It marked a significant change in how the state of Michigan treats the sale and use of “consumer fireworks.” Effectively, the new statute authorizes the sale and use of Roman Candles, bottle rockets, aerials, and other fireworks that had previously been banned. Almost immediately, challenges and complaints were raised. On one side, eight fireworks vendors challenged the constitutionality of one of the law’s provisions that required such vendors to purchase insurance at an arguably unreasonable rate. The court dismissed that case, holding that it could not be said …
Can We Dicker Online Or Is Traditional Contract Formation Really Dying - Rethinking Traditional Contract Formation For The World Wide Web, Tatiana Melnik
Can We Dicker Online Or Is Traditional Contract Formation Really Dying - Rethinking Traditional Contract Formation For The World Wide Web, Tatiana Melnik
Michigan Telecommunications & Technology Law Review
When most people imagine the process of contract formation, they picture two people sitting down and negotiating, arguing about particular contract provisions and particular contract terminology, and maybe even involving attorneys to draft an "official" version of the contract. Regardless of the specific details people imagine, traditional contract formation generally involves some form of negotiation between two parties where they choose one set of terms over another. In modern society, however, such negotiation happens very rarely. People enter into many contracts on a daily basis, for example, when they purchase goods or services online. Online purchases are governed by computers, …
Further Evidence Of Discrimination In New Car Negotiations And Estimates Of Its Cause, Ian Ayres
Further Evidence Of Discrimination In New Car Negotiations And Estimates Of Its Cause, Ian Ayres
Michigan Law Review
A 1991 test of new car dealerships in Chicago indicated that dealerships offered significantly lower prices to white male testers than to similarly situated black and-or female testers: white female testers were asked to pay 40% higher markups than white male testers; black male testers were asked to pay more than twice the markup of white male testers; and black female testers were asked to pay more than three times the markup of white male testers. This article extends the results of this initial test by presenting not only more authoritative evidence of discrimination but also a new quantitative method …
Warranties Against Infringement In The Sale Of Goods: A Comparison Of U.C.C. § 2-312(3) And Article 42 Of The U.N. Convention On Contracts For The International Sale Of Goods, Joseph J. Schwerha Iv
Warranties Against Infringement In The Sale Of Goods: A Comparison Of U.C.C. § 2-312(3) And Article 42 Of The U.N. Convention On Contracts For The International Sale Of Goods, Joseph J. Schwerha Iv
Michigan Journal of International Law
Gone are the days of simple sales contracts. Today's corporate lawyers must have not only a substantial understanding of basic commercial law, but also of the related intellectual property law. Because of the shrinking global economy, such knowledge must rise to an international level.
Castles In The Air: Blanket Assent And The Revision Of Article 2, Alexander M. Meiklejohn
Castles In The Air: Blanket Assent And The Revision Of Article 2, Alexander M. Meiklejohn
Washington and Lee Law Review
No abstract provided.
Inventory Lender As A Good Faith Purchaser For Value: Priority Problems In U.C.C. 2-702
Inventory Lender As A Good Faith Purchaser For Value: Priority Problems In U.C.C. 2-702
Washington and Lee Law Review
No abstract provided.
Rights And Obligations Of Buyers With Respect To Goods In Their Possession After Rightful Rejection Or Juvenile Revocation Of Acceptance, R. J. Robertson Jr.
Rights And Obligations Of Buyers With Respect To Goods In Their Possession After Rightful Rejection Or Juvenile Revocation Of Acceptance, R. J. Robertson Jr.
Indiana Law Journal
No abstract provided.
Qualification Requirements For Foreign Corporations: The Need For A New Definition Of "Doing Business" Based On In-State Sales Volume, Stanley M. Klem
Qualification Requirements For Foreign Corporations: The Need For A New Definition Of "Doing Business" Based On In-State Sales Volume, Stanley M. Klem
University of Michigan Journal of Law Reform
Part I of this article examines the mechanics of the present qualification system, paying special attention to the problems created by a multiplicity of vague state standards. Part II discusses the historical justification and purposes of the present system, concluding that only the protection function justifies the continued existence of the system. Finally, Part III proposes that "doing business" be defined in terms of the annual volume of in-state sales. This solution would remedy the problems which plague the present system while furthering the legitimate protection function of the state qualification requirements.
The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams
The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams
Villanova Law Review
No abstract provided.
The Cash Seller's Right Of Reclamation Versus The Secured Party's Floating Lien: Who Is Entitled To Priority?
Washington and Lee Law Review
No abstract provided.
Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan
Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan
West Virginia Law Review
Section 2-302 of the Uniform Commercial Code is a widely discussed and controversial statement of the law of unconscionability. It was a part of the original UCC as adopted by Pennsylvania in 1953, but some states elected to omit that section when they accepted the UCC. There are three fundamental reasons for their not adopting the section. The first objection is that the section goes against the security of the transaction by allowing the courts to remake parts of the contract. The second stems from the fact that the section limits the parties' freedom to contract because it is often …
The Unheralded Demise Of The Statute Of Frauds Welsher In Oral Contracts For The Sale Of Goods And Investment Securities: Oral Sales Contracts Are Enforceable By Involuntary Admissions In Court Under U.C.C. Sections 2-201(3)(B) And 8-319(D), Philip K. Yonge
Washington and Lee Law Review
No abstract provided.
In Re Good Deal Supermarkets, Inc.: A Hasty Invalidation Of Ucc § 2-702(2) As A Statutory Lien Under § 67(C)(1)(A) Of The Bankruptcy Act
Washington and Lee Law Review
No abstract provided.
Seller Unequal Bargaining Power And The Judicial Process, Alan Schwartz
Seller Unequal Bargaining Power And The Judicial Process, Alan Schwartz
Indiana Law Journal
No abstract provided.
Severance Of Buyer's Defenses Against Seller's Assignee Through Merger-Disclaimer Clauses: Circumvention Of Uccc Sections 2.403 And 2.404, Robert Dugan
Villanova Law Review
No abstract provided.
Notice Of Breach In Sales And Strict Liability Law: Should There Be A Difference?, Jerry J. Phillips
Notice Of Breach In Sales And Strict Liability Law: Should There Be A Difference?, Jerry J. Phillips
Indiana Law Journal
No abstract provided.
New Jersey Retail Installment Sales Act, Eric A. Oesterle
New Jersey Retail Installment Sales Act, Eric A. Oesterle
University of Michigan Journal of Law Reform
The effect of the enactment of the New Jersey bill is that a "retail buyer" may now assert against an assignee of the installment contract or subsequent "holder" of the negotiable note any defenses he has against the retail installment seller. The new law would appear to be one of the most comprehensive laws of its type to be enacted. However, the draftsmen apparently left a significant loophole, appropriately termed the "specious cash sale,” which, if exploited, could negate the intended effect of the new law. This note will analyze the bill, compare it with the relevant provisions of the …
Uniform Commercial Code--Sales--Sections 2-508 And 2-608--Limitations On The Perfect-Tender Rule, Michigan Law Review
Uniform Commercial Code--Sales--Sections 2-508 And 2-608--Limitations On The Perfect-Tender Rule, Michigan Law Review
Michigan Law Review
Section 2-601 of the UCC gives a buyer of goods a right to reject for any nonconformity to the contract specifications. While this section essentially codifies the "perfect tender" rule of pre-Code sales law, it expressly limits that rule by referring to section 2-612, which pertains to installment contracts, and sections 2-718 and 2-719, which allow contractual limitations on remedies. Moreover, other provisions in the Code have the effect of restricting the perfect-tender concept. This Note will examine how the courts have applied two such sections-2-508 and 2-608-to protect the interests of buyers and sellers after tender.
Recent Developments In Products Liability Law In Pennsylvania, Warren W. Faulk
Recent Developments In Products Liability Law In Pennsylvania, Warren W. Faulk
Villanova Law Review
No abstract provided.
The Law Applicable To International Letters Of Credit, Roger J. Gewolb
The Law Applicable To International Letters Of Credit, Roger J. Gewolb
Villanova Law Review
No abstract provided.
The Uniform Commercial Code's Statute Of Frauds For Sales Of Goods, Joseph A. Tate
The Uniform Commercial Code's Statute Of Frauds For Sales Of Goods, Joseph A. Tate
Villanova Law Review
No abstract provided.