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Dear Sir Or Madam: You Cannot Contract In A Closet, David J. Depippo
Dear Sir Or Madam: You Cannot Contract In A Closet, David J. Depippo
University of Richmond Law Review
This comment will examine this seemingly basic question through the lens of two recent Gateway cases. In Hill v. Gateway 2000, Inc., the Seventh Circuit held that the Standard Terms were part of the sales agreement, and thus, the consumer was bound by them. The United States District Court for the District of Kansas, in Klocek v. Gateway, Inc., however, held that the contract for sale had been made when the seller identified the computer for shipping, or at the very least, shipped the computer, and thus, the Standard Terms were merely proposals of additional terms to which the consumer …
Annual Survey Of Virginia Law: Revised Article 9: A Primer For The General Practitioner, David Frisch
Annual Survey Of Virginia Law: Revised Article 9: A Primer For The General Practitioner, David Frisch
University of Richmond Law Review
These are exciting times for commercial lawyers. Over the past fifteen years, the sponsoring organizations of the Uniform Commercial Code (UCC or the Code), the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL), have been hard at work to keep the UCC responsive to contemporary needs. Aside from periodic adjustments to existing UCC articles that reflect societal changes, two new articles have been added to cover commercial activity previously governed by the common law of contract. In 1998, the ALI and NCCUSL gave their approval to the final text of the newest version …