Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz Jan 1998

The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz

UIC John Marshall Journal of Information Technology & Privacy Law

Software publishers disclaim the implied warranty of merchantability because the repercussions of recognizing such warranties are unknown. The purpose underlying implied warranties of merchantability is to ensure that the consumer is receiving a product that meets a minimal standard of consumer expectation; however, this threshold is difficult to measure when attempting to measure consumer expectation of computer software. The proposed U.C.C. Article 2B seeks to remedy this problem by removing some of the ambiguity. The implied warranty of merchantability had its genesis in the English commodities markets. As an action in tort, the implied warranty of merchantability protected a buyer …


Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris Jan 1998

Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris

UIC John Marshall Journal of Information Technology & Privacy Law

Proposed Article 2B seeks to minimize the conflict between the software developer and a client as to whether the contract is for goods or services. If the contract is for goods, then the client would receive the protection of a buyer under Article 2 of the U.C.C. If the contract is for services, then Article 2 does not apply and the relationship is governed by contract and common law principles. Proposed Article 2B will resolve this conflict by recognizing that development contracts are a mixture of goods and services and will also seek to provide default rules. Section 2B-617(b) of …


Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie Jan 1998

Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie

UIC Law Review

No abstract provided.


Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry Jan 1998

Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry

UIC Law Review

No abstract provided.


Involuntary Sale: Banishing An Owner From The Condominium Community, 31 J. Marshall L. Rev. 429 (1998), Michael C. Kim Jan 1998

Involuntary Sale: Banishing An Owner From The Condominium Community, 31 J. Marshall L. Rev. 429 (1998), Michael C. Kim

UIC Law Review

No abstract provided.


Notary Bonds And Insurance: Increasing The Protection For Consumers And Notaries, 31 J. Marshall L. Rev. 839 (1998), Michael J. Osty Jan 1998

Notary Bonds And Insurance: Increasing The Protection For Consumers And Notaries, 31 J. Marshall L. Rev. 839 (1998), Michael J. Osty

UIC Law Review

No abstract provided.