Law Commons^™

Dollars And Horse Sense: Why Prudent Buyers And Sellers Should Account For Article 2 Of The Uniform Commercial Code In Their Equine Sales Contracts, Veronica J. Finkelstein

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Impact Of Revised Article 9, Lois R. Lupica

Kentucky Law Journal

No abstract provided.

They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg

Law Faculty Scholarly Articles

"[B]eyond the pale" is how the drafters of Article Nine of the Uniform Commercial Code regarded tort claims. They considered tort claims to be noncommercial assets inappropriate for inclusion as collateral within the scope of a commercial financing statute. Tort claims may not be out-of-bounds much longer. The Article Nine Study Committee of the Permanent Editorial Board for the Uniform Commercial Code recommends expansion of the Article's scope to encompass security interests in claims arising out of tort. This recommendation is significant. Tort causes of action comprise an ever-expanding universe of civil wrongs for which courts afford redress. The owners …

They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.

On Ending The Battle Of The Forms: Problems With Solutions, Corneill A. Stephens

Kentucky Law Journal

No abstract provided.

Easing Transfer And Security Interest Transactions In Intellectual Property: An Agenda For Reform, Harold R. Weinberg, William J. Woodward Jr.

Law Faculty Scholarly Articles

Uncertainty and confusion probably always have existed bout the employment of intellectual property as collateral for a loan. Since the drafting of Article 9 of the Uniform Commercial Code, an uneasy coexistence of state and federal law has developed. Both state and federal law now arguably apply when a debtor attempts to use a patent or trademark to secure a loan. The extent to which each body of law is applicable and the interaction between the two systems was left unclear by the drafters of Article 9 and has not been clarified by Congress. The radical differences between the state …

Thoroughbred Certificate Law: A Proposal, Cary Robertson

Kentucky Law Journal

No abstract provided.

The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg

Law Faculty Scholarly Articles

The "malformed mouse" is section 9-306(4)(d) of the Uniform Commercial Code. It provides a formula that determines the extent to which an insolvent debtor's commingled bank account contains funds subject to a security interest. A special entitlement is necessary because it is impossible to physically distinguish this collateral after commingling. The label malformed mouse is appropriate if one agrees with critics who have questioned the mouse's statutory architecture and underlying rationale. The image of an elusive creature is also apt. The mouse continues to elude understanding, although it has been part of the Code for many years and the subject …

Implied And Conditional Consent In The Sale Of Horse Shares Or Seasons, Sara Grinnell Smith

Kentucky Law Journal

No abstract provided.

The Uniform Commercial Code As Applied To Implied Warranties Of "Merchantability" And "Fitness" In The Sale Of Horses, John Alan Cohan

Kentucky Law Journal

No abstract provided.

Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich

Law Faculty Scholarly Articles

In 1958 Kentucky became the third state to enact the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. The General Assembly stated that this legislation was intended to modernize, clarify and simplify the law of commercial transactions. Enactment of the Code also evidenced the legislature's intent to make Kentucky commercial law uniform with that of the other states. Subsequent General Assemblies further implemented these policies by enacting substantially all of the uniform amendments to the Code proposed by the ALI and NCCUSL through 1964.

Unfortunately, these enactments represent our …

Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg

Law Faculty Scholarly Articles

This article focuses on two classes of commercial paper issues. Section I considers the Uniform Commercial Code rules relevant to determining whether a corporation or its agents are bound by contracts made upon a negotiable instrument. Application of these rules continues to be an important and recurrent source of legal disputes. Section II considers the rights of corporations or their agents to obtain holder status prerequisite to enforcing commercial paper contracts. Problems relating to the attainment of this status can result from corporate engagement in joint-enterprise with artificial or natural persons and from the linkage of corporations through common ownership …

Pleading And Practice In Commercial Paper Cases: Burdens Of Proof, Harold R. Weinberg

Law Faculty Scholarly Articles

Money debts are frequently paid by checks and evidenced by notes subject to Article Three of the Uniform Commercial Code. Financial institutions and other creditors ordinarily take these instruments with the expectation that they will be paid on time without resort to litigation. This expectation fails when the debtor or some other obligor on the instrument claims that its signature was unauthorized or that there is a defense against payment. This Article analyzes the Uniform Commercial Code rules concerning burdens of proof that apply to these disputes and gives consideration to related procedural and evidentiary questions. It concludes with some …

Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich

Kentucky Law Journal

No abstract provided.

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.

The Eroding Uniformity Of The Uniform Commercial Code, John C. Minahan Jr.

Kentucky Law Journal

No abstract provided.

Secured Party's Right To Sue Third Persons For Damage To Or Defects In Collateral, Harold R. Weinberg

Law Faculty Scholarly Articles

The proverb “there is many a slip ‘twixt the cup and the lip” might have been written with the secured creditor in mind. Many tragedies may befall him to defeat his expectations. He takes his security interest hoping for the best, but preparing for the worst—nonperformance of the obligation secured. If he does not carefully comply with the Article Nine provisions concerning the enforceability and perfection of a security interest, he may ultimately be unsecured. If his security interest is enforceable and perfected, it may turn out that some other party has priority to the collateral. Even if the secured …

Book Review Of James K. White & Robert S. Summers, Handbook Of The Law Under The Uniform Commercial Code (1972), Harold R. Weinberg

Law Faculty Scholarly Articles

This is a book review of James K. White & Robert S. Summers, Handbook of the Law Under the Uniform Commercial Code (1972).

Uniform Commercial Code--Assignments--Conditional Sales Contracts--Waiver Of Defense Claims, Jack M. Smith

Kentucky Law Journal

No abstract provided.

The Crazy Quilt Of Commercial Law: A Study In Legislative Patchwork, Terrence R. Fitzgerald

Kentucky Law Journal

No abstract provided.

Uniform Commercial Code's Article 9--When Filing Is Not Required To Perfect A Security Interest, William L. Montague

Kentucky Law Journal

No abstract provided.

Amending The Uniform Commercial Code, Frederick W. Whiteside Jr.

Kentucky Law Journal

No abstract provided.

Financing The Manufacturer: Article 9 Of The Uniform Commercial Code, Oscar Spivack

Kentucky Law Journal

No abstract provided.

Investment Securities--Article 8 Of The Uniform Commercial Code, Wilson W. Wyatt

Kentucky Law Journal

No abstract provided.

Uniform Commercial Code--Major Changes In Sales Law, Frederick W. Whiteside Jr.

Kentucky Law Journal

No abstract provided.

The Uniform Commercial Code And Greater Consumer Protection Under Warranty Law, K. Sidney Neuman

Kentucky Law Journal

No abstract provided.

A Comparison Of The Rights And Remedies Of Buyers And Sellers Under The Uniform Commercial Code And The Uniform Sales Act, William A. Logan

Kentucky Law Journal

No abstract provided.

Scope, Purposes, And Functions Of The Uniform Commercial Code, James B. Young

Kentucky Law Journal

No abstract provided.

Commercial Paper: Some Aspects Of Article 3 Of The Uniform Commercial Code, Fairfax Leary Jr.

Kentucky Law Journal

No abstract provided.

Bank Deposits And Collections, Bart A. Brown

Kentucky Law Journal

No abstract provided.