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Full-Text Articles in Law

A North Carolina Preview Of The Revised (1990) Article 3 Of The Uniform Commercial Code, Charles C. Lewis Dec 2012

A North Carolina Preview Of The Revised (1990) Article 3 Of The Uniform Commercial Code, Charles C. Lewis

Charles C. Lewis

As its title suggests, this article is intended merely as a preview of revised Article 3. It will begin with some overall comments about revised Article 3, specifically about the extent and significance of the revision. It then will discuss specific examples from revised Article 3 to illustrate how the revision affects present Article 3 and how it furthers the goals of the NCCUSL and the ALI. It will also include references to present North Carolina case law or statutory law that may be affected by the revision. If this preview conveys to the BAR at least a taste of …


The Omnibus Clause Of U.C.C. Section 4-303(1)(D): A Holder's Sword Or A Payor's Shield?, Charles C. Lewis Dec 2012

The Omnibus Clause Of U.C.C. Section 4-303(1)(D): A Holder's Sword Or A Payor's Shield?, Charles C. Lewis

Charles C. Lewis

In the years after the promulgation of the 1952 official text, particularly as the New York Law Revision Commission studied it, and as more and more states either studied the Code for enactment or actually enacted it during the late 1950's and early 1960's, law professors, practicing attorneys and bank attorneys commented on each provision of it. Section 4-303(1)(d) and its omnibus clause did not escape this scrutiny. Many of the commentators, however, did no more than describe the purpose of section 4-303's priority rules, point out that section 4-213(1)(c), a remarkably similar section in the Code, did not contain …


An Ind. Run Around The U.C.C.: The Use (Or Abuse?) Of Indemnity, Paul J. Wilkinson Nov 2012

An Ind. Run Around The U.C.C.: The Use (Or Abuse?) Of Indemnity, Paul J. Wilkinson

Pepperdine Law Review

No abstract provided.


An Analysis Of Warranty Claims Instituted By Non-Privity Plaintiffs In Jurisdictions That Have Adopted Uniform Commercial Code Section 2-318 (Alternative A), William L. Stallworth Nov 2012

An Analysis Of Warranty Claims Instituted By Non-Privity Plaintiffs In Jurisdictions That Have Adopted Uniform Commercial Code Section 2-318 (Alternative A), William L. Stallworth

Pepperdine Law Review

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 Aug 2012

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.


Warranting Rightful Claims, Karen E. Sandrik Aug 2012

Warranting Rightful Claims, Karen E. Sandrik

Louisiana Law Review

No abstract provided.


The Uniform Commercial Code Survey: Introduction, Russell Hakes, Stephen Friedman, Jennifer Martin Jul 2012

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 Jul 2012

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

Stephen E Friedman

No abstract provided.


Standard Search Logic Under Article 9 And The Florida Debacle, Kenneth C. Kettering Jul 2012

Standard Search Logic Under Article 9 And The Florida Debacle, Kenneth C. Kettering

University of Miami Law Review

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 Apr 2012

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

Scholarly Works

No abstract provided.


The Limits Of Limiting Liability In The Battle Of The Forms: U.C.C. Section 2-207 And The "Material Alteration" Inquiry, Colin P. Marks Mar 2012

The Limits Of Limiting Liability In The Battle Of The Forms: U.C.C. Section 2-207 And The "Material Alteration" Inquiry, Colin P. Marks

Pepperdine Law Review

No abstract provided.


Twenty Questions About An Individual Debtor's Name Under Amended Article 9 Section 9-503(A)(4) Alternative A, Richard H. Nowka Feb 2012

Twenty Questions About An Individual Debtor's Name Under Amended Article 9 Section 9-503(A)(4) Alternative A, Richard H. Nowka

William & Mary Business Law Review

This Article answers questions created by the financing statement requirements for sufficiency of the name of an individual debtor under the amendments to Uniform Commercial Code Article 9—Secured Transactions. An individual debtor in a security interest transaction could be known by various names: birth certificate name, driver’s license name, passport name, or nickname. Revised Article 9 provides no guidance on what name is the correct name of the debtor for entry on the financing statement, and a financing statement that does not provide the correct name of the debtor does not perfect the security interest. To resolve this problem, the …


Ucc And Me In Process, Ingrid Michelsen Hillinger Jan 2012

Ucc And Me In Process, Ingrid Michelsen Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Unrevised Section 2-207--Different Terms Revisited, Sidney Kwestel Jan 2012

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 Jan 2012

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.


Late Delivery--Measure Of Damages, Sidney Kwestel Jan 2012

Late Delivery--Measure Of Damages, Sidney Kwestel

Sidney Kwestel

No abstract provided.


A Fundamental Flaw With Uncitral's Approach To Cross-Border Secured Transactions: The Failure To Address Creditor Due Diligence Issues, John J. Chung Jan 2012

A Fundamental Flaw With Uncitral's Approach To Cross-Border Secured Transactions: The Failure To Address Creditor Due Diligence Issues, John J. Chung

Law Faculty Scholarship

No abstract provided.


Liberty Over Death: Seeking Due Process Dimensions For Freedom Of Contract, Michael Pillow Jan 2012

Liberty Over Death: Seeking Due Process Dimensions For Freedom Of Contract, Michael Pillow

Florida A & M University Law Review

No abstract provided.


International Sale Of Goods 2011, Gregory M. Duhl Jan 2012

International Sale Of Goods 2011, Gregory M. Duhl

Faculty Scholarship

In 2011, U.S. courts analyzed the scope, formation, and remedies provisions of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”). Although the number of cases arising under the CISG is relatively small compared with those under the Uniform Commercial Code (U.C.C.), the cases discussed in this survey remind us that U.S. courts are comfortable in applying the CISG. A comprehensive survey setting forth legal developments in the United States during the past nine years involving the CISG follows the Uniform Commercial Code Survey in this issue of The Business Lawyer. That survey illustrates that the …


There's A New Act In Town: How The Oklahoma Oil And Gas Owners' Lien Act Of 2010 Strengthens The Position Of Oklahoma Interest Owners, Sahar Jooshani Jan 2012

There's A New Act In Town: How The Oklahoma Oil And Gas Owners' Lien Act Of 2010 Strengthens The Position Of Oklahoma Interest Owners, Sahar Jooshani

Oklahoma Law Review

No abstract provided.


The Statutory Ucc: Interpretative License And Duty Under Article 2, Nicholas J. Johnson Jan 2012

The Statutory Ucc: Interpretative License And Duty Under Article 2, Nicholas J. Johnson

Catholic University Law Review

No abstract provided.