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Full-Text Articles in Law
The Hierarchy Of Priority, Paul Wangerin
The Hierarchy Of Priority, Paul Wangerin
The Journal of Business, Entrepreneurship & the Law
The analysis in this article suggests that there is a hierarchy of priorities in Article 9 of the UCC and that this hierarchy is relatively simple to describe. The analysis here describes this hierarchy by engaging in a two-part analysis. Part I suggests that the rules for priorities in Article 9 come out of the interaction of a number of variables, variables that are well-known to everybody who is familiar with Article 9. Part II suggests that the variables described in Part I allow us to put all of the important rules about priorities into a simple chart that shows …
Can You Ever Disclaim An Express Warranty?, Kurt M. Saunders
Can You Ever Disclaim An Express Warranty?, Kurt M. Saunders
The Journal of Business, Entrepreneurship & the Law
Article 2 of the Uniform Commercial Code (UCC) recognizes both express warranties and implied warranties of quality in the sale of goods. Within specific limits, the UCC permits sellers to exclude or modify implied warranties. When it comes to disclaiming express warranties, however, the UCC is not so explicit. However, sellers of goods sometimes inquire about the possibility of doing so and whether such disclaimers are enforceable. This essay attempts to answer these questions.