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Wrongful Dishonor Under The Ucc: A Trip Through The Maze Of 4-402, David J. Leibson
Wrongful Dishonor Under The Ucc: A Trip Through The Maze Of 4-402, David J. Leibson
Akron Law Review
WHEN MY NEGOTIABLE INSTRUMENTS CLASS is ready to consider Section 4-402 of the Uniform Commercial Code, I always like to start out by asking if anyone would have worded the language differently had they been drafting the section. Usually one of the first responses is to the effect that 4-402 is fine just the way it is because a bank should be made to answer to its customer if it fails to honor a properly payable item drawn upon it. My response to such an answer is twofold. First, I wholeheartedly agree that a bank should be held responsible for …
A Look At A Strict Construction Of Section 2-207 Of The Uniform Commercial Code From The Seller's Point Of View Or What's So Bad About Roto-Lith?, Thomas E. Liggett
A Look At A Strict Construction Of Section 2-207 Of The Uniform Commercial Code From The Seller's Point Of View Or What's So Bad About Roto-Lith?, Thomas E. Liggett
Akron Law Review
This is an examination of the workings of section 2-207 of the Uniform Commercial Code in the form contract between merchants. More specifically, the literal interpretation of the Section is to be investigated as to its effect on the practical formation of the sales contract A basic assumption of this comment is that the terms of the Code which may, under section 2-207 be "read into" a contract, are repugnant to the seller. This, I think, is obvious. It should, however, be kept in mind that, between merchants, both parties may be assumed to be "big boys." Therefore, the problem …
An Analysis Of Warranty Claims Instituted By Non-Privity Plaintiffs In Jurisdictions That Have Adopted Uniform Commerical Code Section 2-318 (Alternatives B & C), William L. Stallworth
An Analysis Of Warranty Claims Instituted By Non-Privity Plaintiffs In Jurisdictions That Have Adopted Uniform Commerical Code Section 2-318 (Alternatives B & C), William L. Stallworth
Akron Law Review
The purpose of this Article is to discuss case law developments under Uniform Commercial Code Section 2-318 Alternatives B3 and C.4. The Article will also propose a solution to various problems that arise under section 2-318 in the the law of defenses. In order to follow this discussion, one must understand the law of warranty claims and defenses under Article 2 of the Uniform Commercial Code (henceforth, the "Code" or the "UCC").
The U.C.C. Section 4-205(2) Payment/Deposit Warranty: Allow A Drawer To Hold A Depositary Bank Liable For Collecting An Item With A Forged Indorsement, Richard Scislowski
The U.C.C. Section 4-205(2) Payment/Deposit Warranty: Allow A Drawer To Hold A Depositary Bank Liable For Collecting An Item With A Forged Indorsement, Richard Scislowski
Akron Law Review
As written, the new section 4-205(2) Payment/Deposit Warranty may provide a new theory upon which to hold a depositary bank liable for handling a stolen check for the benefit of a thief. This Comment will propose that the word "customer" as used in U.C.C. section 4-205 should not be read to include a thief that steals a check, forges an indorsement, and transfers the item to a depositary bank for collection. Such a reading would allow the drawer of the stolen check to sue the depositary bank for breach of warranty. This Comment will first describe the existing recourses available …
Unconscionability As A Contract Policing Device For The Elder Client: How Useful Is It?, Robyn L. Meadows
Unconscionability As A Contract Policing Device For The Elder Client: How Useful Is It?, Robyn L. Meadows
Akron Law Review
An elder law symposium provides an opportunity to consider ways that the various areas of the law provide protection for the older client. This raises the question of whether the Uniform Commercial Code (hereafter U.C.C. or the Code) protects the unique interests of the older consumer. Such consideration naturally leads to the contract policing device specifically included in the Code—unconscionability. The doctrine of unconscionability provides a way for courts to police grossly unfair contracts and contract provisions. It is found not only in the U.C.C. but also in the tenets of general contract law. However, its application is not limited …