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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 …
An Introduction To Commercial Law, Frederick M. Hart, William F. Willier
An Introduction To Commercial Law, Frederick M. Hart, William F. Willier
Faculty Scholarship
These materials are designed as a short introductory text on Commercial Law. Difficult problems are intentionally avoided, as are references to cases and legal periodicals. The bibliography contains a selection of texts that explore the Code more thoroughly and offer an avenue into the case law that is quickly developing under the Uniform Commercial Code. This introductory text should be useful to the student who is approaching Commercial Law for the first time and as a quick reference (or quick review) for those who have had experience with the subject. This text is used by the authors to complement a …
Impact Of The Uniform Commercial Code On Products Liability Law, Frederick M. Hart
Impact Of The Uniform Commercial Code On Products Liability Law, Frederick M. Hart
Faculty Scholarship
A recent article warns that the adoption of the Uniform Commercial Code "has altered many of the traditional notions of products liability, as it had been delineated under the Uniform Sales Act," 10 PRAC. LAW. 49 (1964). Such undue alarmism is apparently designed to inflate the value of those who have a little bit of Code information by scaring the harried and hurried lawyer who has not yet found the time to study this legislation in depth. The statement is simply not true. It is doubtful whether any provision in the warranty sections of the Code does not find substantial …
In Defense Of Certain Provisions Of The Uniform Commercial Code Relating To Formation Of Sales Contracts: A Partial Reply To Professor Babb, Frederick M. Hart
In Defense Of Certain Provisions Of The Uniform Commercial Code Relating To Formation Of Sales Contracts: A Partial Reply To Professor Babb, Frederick M. Hart
Faculty Scholarship
During the past two years, the former Portland Law Review and the reestablished Maine Law Review have carried articles by Professor Babb commenting on many provisions of the uniform Commercial Code. The adverse tenor of Professor Babb's comments causes some concern lest his views serve as a source of restrictive interpretation in the event that the Code is enacted in Maine. It is unlikely that an alert and careful court, confronted with a problem requiring construction of a Code provision, would reach its decision by following the rationale of decisions overruled or made obsolete by the Code, or that it …
Credit Cards And The Virtual Acceptance, Frederick M. Hart
Credit Cards And The Virtual Acceptance, Frederick M. Hart
Faculty Scholarship
A recent case decided in a lower New York court indicates an interesting use of the virtual acceptance. Neither the decision nor the opinion is of great import, but the case is noteworthy because of the theory advocated by the plaintiff which shows a clever (and successful) attempt to adapt a principle developed during the last century to a modern type of credit transaction. In addition, it furnishes an opportunity to discuss a significant change made by the Uniform Commercial Code in the field of Negotiable Instruments. The action was brought by the financer of a credit club to collect …