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Kentucky Law Survey: Commercial Law And Consumer Credit, Harold R. Weinberg
Kentucky Law Survey: Commercial Law And Consumer Credit, Harold R. Weinberg
Law Faculty Scholarly Articles
This article is a survey of commercial law and consumer credit in the Commonwealth of Kentucky. The most significant development during the past survey year was the demise of the holder in due course doctrine and other related doctrines which insulated creditors financing consumer sales from consumer claims and defenses. As a result of this development, consumers will now be able to assert claims or defenses arising out of the sale financed against the financer under certain circumstances. Other developments also surveyed herein relate to the Uniform Commercial Code statutes of frauds and prejudgment creditors’ remedies.
Kentucky Law Survey: Torts, Richard C. Ausness
Kentucky Law Survey: Torts, Richard C. Ausness
Law Faculty Scholarly Articles
This issue of the Survey of Kentucky tort law includes recent decisions on false imprisonment, intentional infliction of emotional distress, and products liability. The first case, Consolidated Sales Co. v. Malone, held that Kentucky's shoplifter detention statute authorized a personal search of suspected shoplifters by store personnel. In the second case, Eigelbach v. Watts, the Kentucky Supreme Court adhered to its longstanding rule that physical impact was essential to an action for intentional infliction of emotional distress. Finally, in the third decision, McMichael v. American Red Cross, the Court, utilizing the Restatement's “unavoidably unsafe” rationale, refused to impose …