Law Commons^™

Touching, Tapping, And Talking: The Formation Of Contracts In Cyberspace, Mark E. Budnitz

Mark E. Budnitz

No abstract provided.

Purchase Of Consumer Paper And Subjection To Collateral Forces, Benjamin Geva

Benjamin Geva

The purchase of commercial paper issued in return for consumer goods [hereinafter referred to as consumer paper] is a common and wide-spread sales financing practice. Various judicial techniques and legislative schemes have been employed to disqualify purchasers of consumer paper from becoming holders in due course [hereinafter referred to as HDC], thus rendering these purchasers subject to defenses to the instrument based upon consumer dissatisfaction with the goods. Underlying the denial of HDC sttus to purchasers of consumer paper are the following premises: (1) the sale of consumer goods is not a commercial transaction and should not be governed by …

Bitproperty And Commercial Credit, Christopher K. Odinet

Christopher K. Odinet

The Hierarchy Of Priority, Paul Wangerin

Paul Wangerin

The analysis in this article suggests that there is a hierarchy of priorities in Article 9 of the UCC and that this hierarchy is relatively simple to describe. The analysis here describes this hierarchy by engaging in a two-part analysis. Part I suggests that the rules for priorities in Article 9 come out of the interaction of a number of variables, variables that are well-known to everybody who is familiar with Article 9. Part II suggests that the variables described in Part I allow us to put all of the important rules about priorities into a simple chart that shows …

The Future Of The Economic Analysis Of Law In Latin America: A Proposal For Model Codes, Juan Javier Del Granado, M. C. Mirow

M. C. Mirow

Nothing excites civilian lawyers and judges more than commissions for codification. Codification is more than an academic enterprise. Codification projects directly cut across the interface between law and life. ALACDE intends to harness this Latin American interest in codification to bring the economic approach to Latin America. A new-generation law and economics civil and commercial code will be a conscious project to restate Roman law's usefulness for coping with today's problems. Through law and economics, Roman law will renew itself. As a paradigmatic private-law system, Roman law is eminently amenable to a state-of-the-art fusion with law and economics. Sensitivity to …

Article 9 And The Characterization And Treatment Of Tenant Security Deposits, William H. Henning, R. Wilson Freyermuth

William H. Henning

No abstract provided.

Too Clever By Half: Reflections On Perception, Legitimacy, And Choice Of Law Under Revised Article 1 Of The Uniform Commercial Code, Mark Edwin Burge

Mark Edwin Burge

The overwhelmingly successful 2001 rewrite of Article 1 of the Uniform Commercial Code was accompanied by an overwhelming failure: proposed section 1-301 on contractual choice of law. As originally sent to the states, section 1-301 would have allowed non-consumer parties to a contract to select a governing law that bore no relation to their transaction. Proponents justifiably contended that such autonomy was consistent with emerging international norms and with the nature of contracts creating voluntary private obligations. Despite such arguments, the original version of section 1-301 was resoundingly rejected, gaining zero adoptions by the states before its withdrawal in 2008. …

Too Clever By Half: Reflections On Perception, Legitimacy, And Choice Of Law Under Revised Article 1 Of The Uniform Commercial Code, Mark Edwin Burge

Mark Edwin Burge

The overwhelmingly successful 2001 rewrite of Article 1 of the Uniform Commercial Code was accompanied by an overwhelming failure: proposed section 1-301 on contractual choice of law. As originally sent to the states, section 1-301 would have allowed non-consumer parties to a contract to select a governing law that bore no relation to their transaction. Proponents justifiably contended that such autonomy was consistent with emerging international norms and with the nature of contracts creating voluntary private obligations. Despite such arguments, the original version of section 1-301 was resoundingly rejected, gaining zero adoptions by the states before its withdrawal in 2008. …

Contract Resurrected! Contract Formation: Common Law ~ Ucc ~ Cisg, Sarah H. Jenkins

Sarah H Jenkins

Contract Resurrected!

After the promulgation of the Restatement (Second) of the Law of Contracts with its expanded theory of Section 90, quasi-contract and promissory estoppel were hailed as the only theories needed for recovery. Contract was dead! This was the dominant prospective regarding the continued efficacy of contract and contract law. The contract theorists were wrong. The mushrooming global interdependency among nations demands legal rules and principles to govern exchanges between businesses and reaffirms the value of contract as a juridical tool. The United Nations Convention on Contracts for the International Sale of Goods as a recent promulgation reaffirms the …

The Abcs Of The Ucc: Article 9, Secured Transactions, Russell Hakes

Russell A. Hakes

No abstract provided.

The Uniform Commercial Code Survey: Introduction, Jennifer Martin, Russell Hakes, Stephen Friedman

Russell A. Hakes

No abstract provided.

The Uniform Commercial Code Survey: Introduction, Russell Hakes, Stephen Friedman, Jennifer Martin

Stephen E Friedman

No abstract provided.

Ucc Update: 2013 Case Law Updates And Examples Of How A Bank May Be Able To Reduce Exposure On Potential Future Losses, William P. Huttenbach

William P. Huttenbach

No abstract provided.

Sale Of Goods Contract Not To Be Performed Within A Year: Is The Uniform Commercial Code Statute Of Frauds Provision Exclusive?, Sidney Kwestel

Sidney Kwestel

No abstract provided.

The Uniform Commercial Code Survey: Introduction, Russell Hakes, Stephen Friedman, Jennifer Martin

Russell A. Hakes

No abstract provided.

The Uniform Commercial Code Survey: Introduction, Stephen E. Friedman, Russell Hakes, Jennifer S. Martin

Stephen E Friedman

No abstract provided.

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins-Hobbs

Sarah H Jenkins

Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the Uniform Commercial Code, without assessing the viability of the Convention given the client’s business goals or risk tolerance. The Model Rules of Professional Conduct mandate …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins-Hobbs

Sarah H Jenkins

Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the Uniform Commercial Code, without assessing the viability of the Convention given the client’s business goals or risk tolerance. The Model Rules of Professional Conduct mandate …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins-Hobbs

Sarah H Jenkins

Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the Uniform Commercial Code, without assessing the viability of the Convention given the client’s business goals or risk tolerance. The Model Rules of Professional Conduct mandate …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins-Hobbs

Sarah H Jenkins

Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the Uniform Commercial Code, without assessing the viability of the Convention given the client’s business goals or risk tolerance. The Model Rules of Professional Conduct mandate …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins

Sarah H Jenkins

CONSTRUING LAWS GOVERNING INTERNATIONAL AND U.S. DOMESTIC CONTRACTS FOR THE SALE OF GOODS: A COMPARATIVE EVALUATION OF THE CISG AND UCC RULES OF INTERPRETATION ABSTRACT Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the …

The Treatment Of Consignments In Bankruptcy: Two Codes And Their Fictions, At Play, In The Fields, Ingrid Michelsen Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

Unrevised Section 2-207--Different Terms Revisited, Sidney Kwestel

Sidney Kwestel

No abstract provided.

Express Warranty Of Fitness For A Particular Purpose: Extent Of Overlap In Same Factual Context With Implied Warranty Of Fitness For A Particular Purpose, Sidney Kwestel

Sidney Kwestel

No abstract provided.

Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet

Christopher K. Odinet

Revisiting Austin V. Loral: A Study In Economic Duress, Contract Modification And Framing, Meredith R. Miller

Meredith R. Miller

Austin v. Loral, 29 N.Y.2d 124 (1971), is a favorite among Contracts casebooks because the New York Court of Appeals held that it was a "classic" example of economic duress. It involved Austin, a small gear part manufacturer, who had entered into a subcontract to provide gear parts to Loral, a publicly-traded defense industry supplier. Loral had a contract with the U.S. government to supply radar sets, to be used in the U.S. efforts in Vietnam. Midway through performance of the subcontract, Austin apparently refused to continue to deliver the gear parts unless Loral acceded to certain demands, which included …

Express Warranty As Contractual - The Need For A Clear Approach, Sidney Kwestel

Sidney Kwestel

No abstract provided.

. Groping Along Between Things Real And Things Personal: Defining Fixtures In Law And Policy In The Ucc, 78 U. Cincinnati L. Rev. 1437 (2010), Marc L. Roark

Marc L. Roark

The law of fixtures under the Uniform Commercial Code (UCC) is helplessly tied to the various state laws dictating real estate. The natural impact of explicitly tying a UCC doctrine to multiple state law variations is loss of uniformity. At the center of the fixtures discussion in the UCC is a definition that does not define, and more importantly, does not limit doctrinal extension. Because the UCC offers a nondefining definition, this Article considers the function of the fixtures definition. Specifically, this Article argues that the fixtures definition in UCC Section 9-102(a)(41) performs a function just as important as defining--it …

Can Good Faith Performance Be Unfair? An Economic Framework For Understanding The Problem, Luigi Russi

Luigi Russi

The paper deals with the duty of good faith in contract performance, as set out in the U.C.C. In particular, it focuses on the different theories as to its practical meaning, by distinguishing between two types of standards: behavioral and economic ones. The latter are further framed after the Learned Hand formula of negligence, as adapted to contractual relationships by relevant literature. By analyzing the functioning of economic standards in presence of transaction costs, it is then concluded that economic standards are only weakly preferable to behavioral ones which, under certain conditions, may prove as useful in providing a practical …

Sales And Sports Law, Adam Epstein

Adam Epstein

The purpose of this article is to provide insight into the basics of the Uniform Commercial Code (UCC) and explore its application to sports law. Particular focus is on the sale of goods found in the UCC's Article 2. Whether a buyer and seller closes a deal for the sale of helmets, bats, balls, backboards, sports memorabilia, a new artificial surface for the outdoor field or to fulfill an order for a new set of game jerseys, the UCC applies to the sale if the parties to the sales contract failed to otherwise agree upon the specifics.