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Definition Of A Security: Risk Capital And Investment Contracts In Washington, Michael E. Stevenson, John J. O'Leary, Iii
Definition Of A Security: Risk Capital And Investment Contracts In Washington, Michael E. Stevenson, John J. O'Leary, Iii
Seattle University Law Review
The addition of the risk capital definition to Washington's securities law will expand regulation to many transactions that in the past were excluded. Although its full application is unforeseeable, the risk capital definition should apply to financing arrangements in the formation of clubs, associations, and cooperatives. Practitioners must be keenly aware that ventures not traditionally defined within Washington's securities regulations many now fall under the risk capital definition of a security.
To Have And Have Not: The Application Of U.C.C. §2-719 To Clauses Limiting Remedy To Repair Or Replacement And Excluding Liability For Consequential Damages In Commercial Contracts, Joan L. Roth
Seattle University Law Review
After outlining the subsections of section 2-719 of the Uniform Commercial Code and suggesting a method for determining to what language in a contract the section should apply, the article discusses the concept of unconscionability that courts must consider under section 2-719(3). It then examines the applicability of section 2-719(2), the "failure of essential purpose" section, to the facts in Washington Supreme Court case Schroeder v. Fageol Motors, Inc. and argues that its application should result in an award of consequential damages, regardless of the fact that the exclusion of consequential damages is conscionable. The article concludes by suggesting a …
Personal Property Security Interests In Washington--Adoption Of The 1972 Official Text Of The Uniform Commercial Code Will Make A Good Law Better, Leland L. Bull, Jr.
Personal Property Security Interests In Washington--Adoption Of The 1972 Official Text Of The Uniform Commercial Code Will Make A Good Law Better, Leland L. Bull, Jr.
Seattle University Law Review
The purpose of this article is to review the Washington State law of personal property security interests under the existing 1962 Text of Article 9 of the Uniform Commercial Code (U.C.C.) adopted by the legislature in 1965 and to introduce the reader to the substantive and procedural improvements adoption of the 1972 Text would make in existing Washington practice.