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Articles 1 - 11 of 11

Full-Text Articles in Law

Unique Or Ubiquitous: Art Prints And The Uniform Commercial Code, Wendy C. Lowengrub Apr 1997

Unique Or Ubiquitous: Art Prints And The Uniform Commercial Code, Wendy C. Lowengrub

Indiana Law Journal

No abstract provided.


The Legal Architecture Of Virtual Stores: World Wide Web Sites And The Uniform Commercial Code, Walter Effross Jan 1997

The Legal Architecture Of Virtual Stores: World Wide Web Sites And The Uniform Commercial Code, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Procd, Inc. V. Zeindenberg: An Emerging Trend In Shrinkwrap Licensing?, Jerry David Monroe Jan 1997

Procd, Inc. V. Zeindenberg: An Emerging Trend In Shrinkwrap Licensing?, Jerry David Monroe

Marquette Intellectual Property Law Review

The author discusses the implications of the United States Court of Appeals for the Seventh Circuit's decision in ProCD, Inc. v. Zeindenberg. As Monroe explains, until this decision, the courts have been reluctant to uphold the legal consequences of shrinkwrap licenses. Monroe provides an analysis of the interplay between contract law and copyright law to provide a thorough understanding of this emerging trend in intellectual property.


Ucc Proposals Concerning Consumer Transactions, James J. White Jan 1997

Ucc Proposals Concerning Consumer Transactions, James J. White

Other Publications

Professor Grant Gilmore once suggested that farmers would like a two section law. Section one would state "It shall be against the law to refuse to lend money to a farmer." Section two would state "It shall be against the law to collect a debt from a farmer." In a similar vein one might state the iron rule of consumer law, namely "No right that has ever been granted to a consumer, however ill considered and unjustified, may thereafter be withdrawn." Believing that some of the proposals for consumer protection that have been added in Revised Article 9 are not …


Article 5 - Recent Developments, James J. White Jan 1997

Article 5 - Recent Developments, James J. White

Other Publications

I. Mitigation in Letter of Credit Transactions Assume a Buyer has procured a letter of credit to pay for contracted goods but no longer wants the goods. The Buyer and the Issuer would like to force the Beneficiary to mitigate. Assume that both the Issuer and Applicant repudiate their obligation or that the Applicant has failed and the Issuer repudiates its obligation to pay under the letter of credit. At the moment of repudiation the price for a gallon of the underlying oil that is the subject of the letter of credit is $.75 and that the letter of credit …


The Emerging Law Of Electronic Commerce, Amelia H. Boss, Jane Kaufman Winn Jan 1997

The Emerging Law Of Electronic Commerce, Amelia H. Boss, Jane Kaufman Winn

Articles

Although often not apparent to the average business person or even the average lawyer, changes are currently underway, both domestically and internationally, to adapt existing commercial law doctrines to accommodate electronic transactions and the technologies that underlie them. The Uniform Commercial Code (Code) is undergoing substantial revision in order to respond to changes in business practice and the use of electronic communications technologies. These revisions will provide many of the basic rules to support and facilitate electronic commerce, and, to the extent possible, are being coordinated with international efforts in the field.

While progress in the creation of uniform laws …


Commenting On "Purpose" In The Uniform Commercial Code, Peter A. Alces, David Frisch Jan 1997

Commenting On "Purpose" In The Uniform Commercial Code, Peter A. Alces, David Frisch

Faculty Publications

No abstract provided.


Form Contracts Under Revised Article 2 (Symposium: Consumer Protection And The Uniform Commercial Code), James J. White Jan 1997

Form Contracts Under Revised Article 2 (Symposium: Consumer Protection And The Uniform Commercial Code), James J. White

Articles

The current draft of section 2-206 in Revised Article 2 of the Uniform Commercial Code ("UCC") entitled "Consumer Contract: Standard Form"1 presents a unique and threatening challenge to the drafters of consumer form contracts. In earlier drafts, one part of the section applied to both to commercial contracts and consumer contracts. It required that "one manifest assent" to any form contract, commercial or consumer, in order for it to be binding.2 Bowing to commercial opposition in the most recent version, the drafters have omitted all reference to commercial contracts. As the section stands, it applies only to consumer contracts.


Comments At The 1997 Aals Annual Meeting: Consumer Protection And The Uniform Commercial Code, James J. White Jan 1997

Comments At The 1997 Aals Annual Meeting: Consumer Protection And The Uniform Commercial Code, James J. White

Other Publications

As Jean [Braucher]' said, I have served on several committees in connection with the revisions of Articles 2, 2A, and 5. I am now on a committee of uncertain obligation that is going to review the NCCUSL draft of Article 2 for the American Law Institute. I was the reporter-an awful task, if anybody ever asks you to do that, you should think about it once or twice-for Article 5. I think service as the reporter for Article 2 might kill Dick Speidel by the time he is done.


On Parol: The Construction And Interpretation Of Written Agreements And The Role Of Extrinsic Evidence In Contract Litigation, Keith A. Rowley Jan 1997

On Parol: The Construction And Interpretation Of Written Agreements And The Role Of Extrinsic Evidence In Contract Litigation, Keith A. Rowley

Scholarly Works

As a general rule, extrinsic evidence, whether written or oral, is not admissible to prove either the intent of the parties to a contract or the meaning of contractual terms when the parties have executed an unambiguous, fully-integrated (i.e., final and all-inclusive) written agreement. The trial court may consider various types of extrinsic evidence, however, in determining whether a particular agreement is fully integrated or ambiguous, and even in choosing among rival interpretations of an agreement where ambiguity is not present. If the trial court determines that an agreement is not fully integrated, then the trier of fact may consider …


Legal Design And The Evolution Of Commercial Norms, Jody S. Kraus Jan 1997

Legal Design And The Evolution Of Commercial Norms, Jody S. Kraus

Faculty Scholarship

The Uniform Commercial Code determines the content of most commercial law default rules by incorporating common merchant practices. The success of this incorporation strategy depends on the likely efficiency of evolved commercial practices. In this Article, I use the best available theory of cultural evolution to analyze how and why commercial practices evolve. This analysis confirms that the incorporation strategy is far superior to a system in which lawmakers rely predominantly on individual analysis and experimentation to design commercial law. But the analysis also demonstrates that common commercial practices, and the laws incorporating them, are unlikely to be optimal, in …