Commercial Law Commons^™

Commercial Law–Usury–Lease Constructed As Installment Sale, Nelwyn Leone Davis

University of Arkansas at Little Rock Law Review

No abstract provided.

Definition Of A Security: Risk Capital And Investment Contracts In Washington, Michael E. Stevenson, John J. O'Leary, Iii

Seattle University Law Review

The addition of the risk capital definition to Washington's securities law will expand regulation to many transactions that in the past were excluded. Although its full application is unforeseeable, the risk capital definition should apply to financing arrangements in the formation of clubs, associations, and cooperatives. Practitioners must be keenly aware that ventures not traditionally defined within Washington's securities regulations many now fall under the risk capital definition of a security.

Personal Property Security Interests In Washington--Adoption Of The 1972 Official Text Of The Uniform Commercial Code Will Make A Good Law Better, Leland L. Bull, Jr.

Seattle University Law Review

The purpose of this article is to review the Washington State law of personal property security interests under the existing 1962 Text of Article 9 of the Uniform Commercial Code (U.C.C.) adopted by the legislature in 1965 and to introduce the reader to the substantive and procedural improvements adoption of the 1972 Text would make in existing Washington practice.

The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams

Villanova Law Review (1956 - )

No abstract provided.

Secured Transactions - What Floats Can Be Sunk, Jack B. Justice

Villanova Law Review (1956 - )

No abstract provided.

Section 2-202: A Different Approach To Consistency, 12 J. Marshall J. Prac. & Proc. 87 (1978), Jeffrey D. Wittenberg

UIC Law Review

No abstract provided.

Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan

West Virginia Law Review

Section 2-302 of the Uniform Commercial Code is a widely discussed and controversial statement of the law of unconscionability. It was a part of the original UCC as adopted by Pennsylvania in 1953, but some states elected to omit that section when they accepted the UCC. There are three fundamental reasons for their not adopting the section. The first objection is that the section goes against the security of the transaction by allowing the courts to remake parts of the contract. The second stems from the fact that the section limits the parties' freedom to contract because it is often …

Construction Of The Uniform Commercial Code: Ucc Section 1-103 And "Code" Methodology, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Auction Problems: Going, Going, Gone, Leonard D. Duboff

Cleveland State Law Review

Works of art may be bought, sold, and transferred by every traditional method of conveyancing, though the type which appears to be most notorious is auctioning. In this Article the auction process will be analyzed, many of the problems currently prevalent in the auction arena identified, and suggestions tendered which, if adopted, should reduce some of the difficulties discussed.

Secured Party's Right To Sue Third Persons For Damage To Or Defects In Collateral, Harold R. Weinberg

Law Faculty Scholarly Articles

The proverb “there is many a slip ‘twixt the cup and the lip” might have been written with the secured creditor in mind. Many tragedies may befall him to defeat his expectations. He takes his security interest hoping for the best, but preparing for the worst—nonperformance of the obligation secured. If he does not carefully comply with the Article Nine provisions concerning the enforceability and perfection of a security interest, he may ultimately be unsecured. If his security interest is enforceable and perfected, it may turn out that some other party has priority to the collateral. Even if the secured …

Keeping The Deal Together After Material Breach--Common Law Mitigation Rules, The Ucc, And The Restatement (Second) Of Contracts, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Two Decades Of 2-207: Review, Reflection And Revision, Paul Barron, Thomas W. Dunfee

Cleveland State Law Review

This article is divided into six parts: (1) a description of the modern commercial context within which UCC section 2-207 was created and is now applied; (2) a summary of the pre-Code rule; (3) an overview of the rule engendered by section 2-207; (4) an analysis of the interpretative history of section 2-207; (5) a proposed decision model for the application of section 2-207; and (6) the suggested statutory revision.

Practical Pitfalls In Handling Scientific Evidence, John W. Reed

Book Chapters

In this article we are concerned with the techniques of what is more often an art than a science. Before going into the specifics, it is useful to take a look at scientific evidence in general-where it stands in relationship to other kinds of evidence, on what theory or theories it is admitted, and how to maximize its effect when it is admitted.

Impossibility, Impracticability, And Supervening Illegality, James J. White

Book Chapters

The Doctrine of Impossibility, or as the Uniform Commercial Code knows it, Excuse by Failure of Presupposed Conditions, remains one of the unclimbed peaks of contract doctrine. All of the famous early and mid-twentieth century mountaineers, Corbin, Williston, Farnsworth and many lesser men have made attempts on this doctrine, but none have succeeded in climbing it to the very top. The doctrine inheres in Section 2-615 of the UCC, in Sections 454 - 469 of the Restatement of Contracts and in a series of Anglo-American cases stretching back for many years. In spite of attempts by all of the contract …

Severance Of Buyer's Defenses Against Seller's Assignee Through Merger-Disclaimer Clauses: Circumvention Of Uccc Sections 2.403 And 2.404, Robert Dugan

Villanova Law Review (1956 - )

No abstract provided.

A Synopsis Of The Major Revisions To Article 9 Of The Uniform Commercial Code Adopted By Virginia, John W. Edmonds Iii

University of Richmond Law Review

When the Uniform Commercial Code became effective in Mississippi and South Carolina on January 1, 1968, it reached its goal of near uniform enactment. Maintaining this achievement of uniform adoption, however, has proven to be most difficult with regard to the Code's treatment of "secured transactions" in Article 9. In 1966, the Permanent Editorial Board 2 noted that there had been 337 non-uniform, non-official amendments to Article 9 of the Code. Accordingly, the Board established a Review Committee to restudy Article 9 in depth and report its findings. The study culminated in the Final Report of the Permanent Editorial Board …

Uniform Commercial Code- Breach Of Warranty- Applicable Statute Of Limitations For Personal Injury

University of Richmond Law Review

Statutes of limitation are statutes of repose, the object of which is to compel the exercise of a right of action within a reasonable time. They are designed to suppress fraudulent and stale claims from being asserted after a great lapse of time, to the surprise of the parties, when the evidence may have been lost, the facts may have become obscure because of defective memory, or the witnesses have died or dis- appeared.

Enforcement Of A Promise In Modern American Law (Gendai Amerikaho Ni Okeru Yakusoku No Kyosei), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970.

The sixth and final installment describes the history of contractual enforcement in the U.S. and highlights changes introduced through adoption of the UCC.

Contracts--Consideration--Inadequacy Of Consideration As A Factor In Determining Unconscionability Under Section 2-302 Of The Uniform Commercial Code, Michigan Law Review

Michigan Law Review

Section 2-302 of the Uniform Commercial Code (Code) provides that a court may refuse to enforce all or part of a contract if it finds that the contract, or any part of it, was unconscionable when made. In American Home Improvement, Inc. v. MacIver the Supreme Court of New Hampshire apparently held that a price substantially in excess of the value of the goods and services sold was sufficient in itself to constitute unconscionability under this provision of the Code. The high price was at least in part attributable to high time-credit charges, and, as noted by the court, the …

Recent Developments In Products Liability Law In Pennsylvania, Warren W. Faulk

Villanova Law Review (1956 - )

No abstract provided.

Remedies For Breach Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku Furiko Ni Taisuru Kyusai), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970. The fifth installment discusses the difficulty of remedies and various methods of enforcement.

Contract Formation Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku No Seiritsu), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970.

The second installment discusses issues related to requirements compelling completion of a contract or pushing the issue to court.

Contract Interpretation And The Uniform Commercial Code (Ucc Ni Okeru Keiyaku No Kaishaku), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970. The third installment introduces the basic principles of contract interpretation.

Contract Interpretation Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku No Kaishaku), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970.

The fourth installment discusses further considerations and principles that impact contract interpretation.

The Need For Protection Of The Consumer Of Services, Robert M. Feinson

Buffalo Law Review

No abstract provided.

"Good Faith" In General Contract Law And The Sales Provisions Of The Uniform Commercial Code, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Dual Nature Contracts And The Uniform Commercial Code - Foster V. Colorado Radio Corporation

Maryland Law Review

No abstract provided.

Products Liability In Pennsylvania, William E. Benner, Thomas C. Riley, Joseph A. Torregrossa

Villanova Law Review (1956 - )

No abstract provided.

Holder In Due Course - The Requirements Of Good Faith And Notice - Financial Credit Corporation V. Williams

Maryland Law Review

No abstract provided.

Patents, Technical Data And International Defense Agreements, Harry M. Saragovitz, James A. Dobkin

Villanova Law Review (1956 - )

No abstract provided.