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General Equitable Principles Under Section 1-103 Of The Uniform Commercial Code, Robert S. Summers Jan 1978

General Equitable Principles Under Section 1-103 Of The Uniform Commercial Code, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Uniform Commercial Code And The Concept Of Possession In The Marketing And Financing Of Goods, John F. Dolan Jan 1978

Uniform Commercial Code And The Concept Of Possession In The Marketing And Financing Of Goods, John F. Dolan

Law Faculty Research Publications

The "buyer in ordinary course" rule of section 9-307(1) of the Uniform Commercial Code shelters good faith purchasers of certain goods from the rival claims of sellers' secured creditors. Professor Dolan argues that the Code's refusal to let title determine disputes over goods in other contexts extends to clashes between creditors and buyers under section 9-307(1). Hefinds the key to the Code's scheme for settling these clashes in the "special property interest" a buyer acquires at the moment goods are identied to a contract of sale. The scheme, he believes, is one ofgeneral respect for reasonable expectations based on possession, …