Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 16 of 16

Full-Text Articles in Law

The Experience Of Article 2 Of The Uniform Commerical Code In West Virginia, Vincent P. Cardi Jun 1991

The Experience Of Article 2 Of The Uniform Commerical Code In West Virginia, Vincent P. Cardi

West Virginia Law Review

No abstract provided.


Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan Sep 1977

Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan

West Virginia Law Review

Section 2-302 of the Uniform Commercial Code is a widely discussed and controversial statement of the law of unconscionability. It was a part of the original UCC as adopted by Pennsylvania in 1953, but some states elected to omit that section when they accepted the UCC. There are three fundamental reasons for their not adopting the section. The first objection is that the section goes against the security of the transaction by allowing the courts to remake parts of the contract. The second stems from the fact that the section limits the parties' freedom to contract because it is often …


The Uniform Commercial Code Bulk Sales Article Compared With West Virginia Law, Londo H. Brown Jun 1962

The Uniform Commercial Code Bulk Sales Article Compared With West Virginia Law, Londo H. Brown

West Virginia Law Review

The gradual adoption of the various uniform laws by the states is beginning to have some effect on the system of "different laws in different states." Perhaps nowhere in the field of law is there greater need for uniform laws in the different states than in commercial law. The Uniform Commercial Code was designed to meet this need, and since 1954 our neighboring state, Pennsylvania, has served as a testing ground for that Code. This report deals with Article 6, Bulk Transfers, of the Uniform Commercial Code. That article, if adopted in West Virginia, would supplant our present Bulk Sales …


Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele Apr 1962

Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele

West Virginia Law Review

No abstract provided.


The Uniform Commercial Code Sales Article Compared With West Virginia Law Part I, Willard D. Lorensen Dec 1961

The Uniform Commercial Code Sales Article Compared With West Virginia Law Part I, Willard D. Lorensen

West Virginia Law Review

The adoption of the Uniform Commercial Code in West Virginia would provide for the first time in the history of this state a general legislative venture into the field of sales law. Court-made common law is the present source of sales law, and typical of the common law, a very uneven pattern is found. Precedents pile up at certain points while numerous other questions float in an absolute void of authority. The major portion of this study, composed of a section by section analysis of the sales article, contrasts time and again the thoroughness and detail of the Code against …


The Effects Of The Autonomy Of The Parties On The Validity Of Conflict-Of-Laws Sales Contracts, Louis C. James Apr 1960

The Effects Of The Autonomy Of The Parties On The Validity Of Conflict-Of-Laws Sales Contracts, Louis C. James

West Virginia Law Review

No abstract provided.


Property In The Goods Under West Virginia Law, L. P. P. Apr 1958

Property In The Goods Under West Virginia Law, L. P. P.

West Virginia Law Review

No abstract provided.


Constitutional Law--Construction Of Constitutional Provision For Sale Of Land For School Fund--Right Of Redemption Restricted, R. G. S. Feb 1948

Constitutional Law--Construction Of Constitutional Provision For Sale Of Land For School Fund--Right Of Redemption Restricted, R. G. S.

West Virginia Law Review

No abstract provided.


Rescission For Breach Of Seller's Warranty, Robert T. Donley Feb 1937

Rescission For Breach Of Seller's Warranty, Robert T. Donley

West Virginia Law Review

In the case of American Sugar Refining Company v. Martin-Nelly Grocery Company it was held that the buyer of goods could not rescind an executed sale for breach of the seller's warranty. Approximately eight months later the same court rendered a contrary decision in the case of Kemble v. Wiltison, without overruling, distinguishing or even mentioning the first case. The present status of the West Virginia law on this point is therefore doubtful. It is the purpose of this note to discuss these and other cases in an effort to reconcile them and to state the correct governing principles.


Real Property--Rule Of Caveat Emptor--Quasi-Contractual Liability Of Vendor For Failure Of Title In Deed Without Warranties Apr 1936

Real Property--Rule Of Caveat Emptor--Quasi-Contractual Liability Of Vendor For Failure Of Title In Deed Without Warranties

West Virginia Law Review

No abstract provided.


Trust Receipts--A Legislative Problem Dec 1935

Trust Receipts--A Legislative Problem

West Virginia Law Review

No abstract provided.


Monopolies--Producers' Coal Sales Agency And The Sherman Act, Donald F. Black Jun 1933

Monopolies--Producers' Coal Sales Agency And The Sherman Act, Donald F. Black

West Virginia Law Review

No abstract provided.


Sales--Trust Receipts In Automobile Financing, Donald M. Hutton Apr 1931

Sales--Trust Receipts In Automobile Financing, Donald M. Hutton

West Virginia Law Review

No abstract provided.


Cases And Materials On The Law Of Sales, Harold C. Havighurst Apr 1930

Cases And Materials On The Law Of Sales, Harold C. Havighurst

West Virginia Law Review

No abstract provided.


Bulk Sales Act--Fraudulent Conveyances, Anne Sarah Silfkin Apr 1929

Bulk Sales Act--Fraudulent Conveyances, Anne Sarah Silfkin

West Virginia Law Review

No abstract provided.


Judicial Sales, F. C. Leftwich Apr 1923

Judicial Sales, F. C. Leftwich

West Virginia Law Review

No abstract provided.