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Full-Text Articles in Law
Comment: More In Defense Of U.C.C. Methodology, Robert A. Hillman
Comment: More In Defense Of U.C.C. Methodology, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
A Glance At The New Article 9 Secured Transaction, Nathalie Martin, Frederick M. Hart
A Glance At The New Article 9 Secured Transaction, Nathalie Martin, Frederick M. Hart
Faculty Scholarship
Those of us who teach a course on Article 9 of the Uniform Commercial Code (Secured Transactions) dreaded the approach of July I, 2001. On that day, a revised version of Article 9 became effective in New Mexico and most other states. The old notes had to be discarded. New materials had to be prepared, or at least the old ones had to be revised. Perhaps there would be some excitement in learning what the drafters had done, but more obvious was the effort needed to learn something new. Maybe it was time to retire. We have now taught the …
Patterns Of Drafting Errors In The Uniform Commercial Code And How Courts Should Respond To Them, Gregory E. Maggs
Patterns Of Drafting Errors In The Uniform Commercial Code And How Courts Should Respond To Them, Gregory E. Maggs
GW Law Faculty Publications & Other Works
This article identifies eight recurring patterns of drafting in the Uniform Commercial Code (UCC). For each of these patterns, and for other idiosyncratic errors, the article recommends specific judicial responses. These responses take advantage of many of the UCC's unique characteristics. While the problem of drafting errors in the UCC may seem minor in light of the model code's high overall quality, the suggested responses can lead to a more efficient and effective application of the statute.
Express Warranty As Contractual - The Need For A Clear Approach, Sidney Kwestel
Express Warranty As Contractual - The Need For A Clear Approach, Sidney Kwestel
Scholarly Works
No abstract provided.
Reverberations From The Collision Of Tort And Warranty (Products Liability Law Symposium In Memory Of Professor Gary T. Schwartz), James J. White
Reverberations From The Collision Of Tort And Warranty (Products Liability Law Symposium In Memory Of Professor Gary T. Schwartz), James J. White
Articles
In his famous Stanford Law Review article, When Worlds Collide,' Professor Marc Franklin foretold the troubles for American law in the impending collision of the tort of strict liability with the warranty of merchantability.2 We daily suffer the reverberations from that collision as courts struggle with the proper application of strict tort liability and breach of warranty in products liability cases. Lawyers who have not studied Article 2 of the Uniform Commercial Code (U.C.C.) are surprised to learn that virtually every buyer who has a strict tort claim for an injury caused by a defective product also has a potential …
Default Rules In Sales And The Myth Of Contracting Out, James J. White
Default Rules In Sales And The Myth Of Contracting Out, James J. White
Articles
In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.