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University of Richmond Law Review

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The Covenant Not To Sue: Virginia's Effort To Bury The Common Law Rule Regarding The Release Of Joint Tortfeasors, Linda Flory Rigsby Jan 1980

The Covenant Not To Sue: Virginia's Effort To Bury The Common Law Rule Regarding The Release Of Joint Tortfeasors, Linda Flory Rigsby

University of Richmond Law Review

The 1979 Virginia General Assembly turned the last shovel of earth onto the grave of the common law "release rule"' by adopting the covenant not to sue as a viable settlement device in joint tortfeasor actions. By this statutory adoption, Virginia became the last state to recognize, either by statute or judicial mandate, that a properly drawn covenant not to sue can act to release one or more tortfeasors without automatically releasing all those tortfeasors liable for the same injury or wrongful death. Judicial interpretations of the covenant not to sue, particularly those of California, Michigan and North Carolina, will …


A Synopsis Of The Major Revisions To Article 9 Of The Uniform Commercial Code Adopted By Virginia, John W. Edmonds Iii Jan 1973

A Synopsis Of The Major Revisions To Article 9 Of The Uniform Commercial Code Adopted By Virginia, John W. Edmonds Iii

University of Richmond Law Review

When the Uniform Commercial Code became effective in Mississippi and South Carolina on January 1, 1968, it reached its goal of near uniform enactment. Maintaining this achievement of uniform adoption, however, has proven to be most difficult with regard to the Code's treatment of "secured transactions" in Article 9. In 1966, the Permanent Editorial Board 2 noted that there had been 337 non-uniform, non-official amendments to Article 9 of the Code. Accordingly, the Board established a Review Committee to restudy Article 9 in depth and report its findings. The study culminated in the Final Report of the Permanent Editorial Board …