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Full-Text Articles in Law
Battle For The Bulge: The Reclaiming Seller Vs. The Floating Lien Creditor, William Tabac
Battle For The Bulge: The Reclaiming Seller Vs. The Floating Lien Creditor, William Tabac
Law Faculty Articles and Essays
Part I of this article will discuss "title" holders under the Uniform Commercial Code and the powers and rights that they have to defeat reclaiming sellers. Part II will describe the Code "lessees" and "secured creditors" as well as the powers and rights that they have to defeat reclaiming sellers. Part III will explain how a misreading of the Code has subordinated the reclaiming seller of goods to the Article 9 floating lien creditor. Finally, Part IV will argue that, as the Code drafters intended, the reclaiming seller of goods should prevail over the floating lien creditor.
The Unbearable Lightness Of Title Under The Uniform Commercial Code, William Tabac
The Unbearable Lightness Of Title Under The Uniform Commercial Code, William Tabac
Law Faculty Articles and Essays
This Article will offer the heresy that the transactions in goods that the Code regulates are still firmly grounded on ownership principles and that these principles must be reckoned with to fulfill the Code's design. It is therefore important first to identify the various property interests in goods that one can obtain under the Code and determine how the Code ties these interests to title.
Countermanded Checks And Fair Dealing Under The Uniform Commercial Code, William Tabac
Countermanded Checks And Fair Dealing Under The Uniform Commercial Code, William Tabac
Law Faculty Articles and Essays
This article evaluates the potential effect of this tort on the bank andits customer where the improper payment is an indisputable binding stop payment order. Part I examines a bank's duty to properly pay checks.Part II describes the bank's reimbursement rights. Part III examines the breach of covenant of good faith tort. Part IV analyzes liability under the Code. Part V argues that banks must promptly recredit customers' accounts when banks improperly pay over binding stop payment orders. The article concludes that upon being notified that it has overlooked a binding stop payment order, a bank must promptly recredit the …