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U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
A drafting compromise by the U.C.C. drafters in section 1-105 dictated the state having an "appropriate relation" to govern choice of law problems in the absence of a contractual clause, and if there is a clause, a "reasonable relation" to the state selected. The purpose was to leave choice of law problems to the general rules of the common law. Thus, some courts in breach of warranty cases continue to apply the tests of "place of injury" for personal injury suits and "place of contracting" for what does not involve personal injury, while others look for the state having the …
Is Revision Due For Article 2?, David Frisch
Is Revision Due For Article 2?, David Frisch
Law Faculty Publications
Although we ask whether Article 2 should be re-examined, it is not our only question. A second question posed is: What are the sources to which one should look in order to discover whether there is a strong enough need to justify a revision? In addition to mentioning sources, we offer a few examples illustrative of the fruits which these sources can produce. By doing so, we hope to spur additional interest because, if discussion of a new Article 2 is to begin, the sooner it begins the better. Revisions take time. Six years can pass from the time a …