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Articles 1 - 6 of 6
Full-Text Articles in Law
U.C.C. Section 2-702(2): A Unsecured Seller's Right To Reclaim Goods, William C. Sturm
U.C.C. Section 2-702(2): A Unsecured Seller's Right To Reclaim Goods, William C. Sturm
Northern Illinois University Law Review
This Article is an analysis of the commercial setting in which a seller ships goods to a purchaser on credit and later discovers the buyer is insolvent. Under the Uniform Commercial Code, a possibility exists that the seller can recover the goods. This Article explores the rights and remedies available to the seller, and examines the problematic history of Uniform Commercial Code Section 2-702(2) as it relates to this problem.
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
LLM Theses and Essays
While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …
The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg
The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg
Law Faculty Scholarly Articles
The "malformed mouse" is section 9-306(4)(d) of the Uniform Commercial Code. It provides a formula that determines the extent to which an insolvent debtor's commingled bank account contains funds subject to a security interest. A special entitlement is necessary because it is impossible to physically distinguish this collateral after commingling. The label malformed mouse is appropriate if one agrees with critics who have questioned the mouse's statutory architecture and underlying rationale. The image of an elusive creature is also apt. The mouse continues to elude understanding, although it has been part of the Code for many years and the subject …
Efficient Remedies For Breach Of Warranty, Kenneth Chapman, Michael J. Meurer
Efficient Remedies For Breach Of Warranty, Kenneth Chapman, Michael J. Meurer
Faculty Scholarship
This article attempts to suggest valuable refinements and extensions of the economic theory of warranty by explicitly considering the choice of remedies for breach of warranty in conjunction with the choice of warranty protection itself. In particular, it offers explanations for the prevalence of replacement terms rather than refund terms in warranties. Economists studying the general issue of breach of contract have noted that the choice of remedy has important implications for risk sharing, renegotiation, transaction-specific investment, and the incentive to breach.5 This article derives much of its insight from the recognition that work on the economics of contract breach …
Contracts: Rodgers V. Tecumseh Bank: Re-Evaluating The Christian Principle Of Tort Liability For Breach Of Good Faith, Carolyn S. Smith
Contracts: Rodgers V. Tecumseh Bank: Re-Evaluating The Christian Principle Of Tort Liability For Breach Of Good Faith, Carolyn S. Smith
Oklahoma Law Review
No abstract provided.
Torts: Boyle V. United Technologies Corp.: The United States Supreme Court Accepts The Government Contractor Defense, Brian Shipp
Torts: Boyle V. United Technologies Corp.: The United States Supreme Court Accepts The Government Contractor Defense, Brian Shipp
Oklahoma Law Review
No abstract provided.