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Commercial Law

1984

Articles 1 - 3 of 3

Full-Text Articles in Torts

The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney Jul 1984

The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney

Washington Law Review

Courts have consistently held that Article 2 of the Uniform Commercial Code (U.C.C.) governs transactions involving computer hardware. Treatment of computer software transactions has been less consistent. This Comment contends that computer software, an intangible, is not within the scope of Article 2. It further contends that the warranty of merchantability cannot meaningfully be applied by analogy in computer software contracts. Finally, this Comment concludes that existing tort and contract causes of action provide software users with sufficient protection.

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Action Accrual Date For Written Warranties To Repair: Date Of Delivery Or Date Of Failure To Repair?, Carey A. Dewitt Apr 1984

Action Accrual Date For Written Warranties To Repair: Date Of Delivery Or Date Of Failure To Repair?, Carey A. Dewitt

University of Michigan Journal of Law Reform

This Note argues that the statute of limitations for an action for breach of a repair warranty should begin to run not when the goods are delivered (on-delivery rule), but when the manufacturer has failed to repair the goods (failure-to-repair rule). Part I considers the current division of authority relating to the action accrual date (the date at which the limitations period begins) for repair warranties. It analyzes the issue of whether the repair warranty is a species of future performance warranty under section 2-725(2) and examines non-Code law on repair promises. Part II discusses the advantages and disadvantages of …

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Uniform Commercial Code - Statute Of Limitations - U.C.C. Four-Year Statute Of Limitations Governs Actions For Personal Injuries Based On Breach On Warranty Under The U.C.C., Paula D. Shaffner Jan 1984

Uniform Commercial Code - Statute Of Limitations - U.C.C. Four-Year Statute Of Limitations Governs Actions For Personal Injuries Based On Breach On Warranty Under The U.C.C., Paula D. Shaffner

Villanova Law Review

No abstract provided.

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