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Articles 31 - 60 of 85
Full-Text Articles in Commercial Law
Disclaimers Of Warranty, Limitation Of Liability, And Liquidation Of Damages In Sales Transactions, Teisuke Akamatsu, George H. Bonneville
Disclaimers Of Warranty, Limitation Of Liability, And Liquidation Of Damages In Sales Transactions, Teisuke Akamatsu, George H. Bonneville
Washington Law Review
This article will set forth and compare the domestic law of the United States and Japan, in the narrow field of law defined in the title. Many American lawyers may feel that these subjects do not deserve equal dignity with the preceding article on products liability. They are probably right, since no amount of care or study in drafting disclaimers and limitations will protect against suit for personal injuries suffered, say, by a stevedore who steps through a hollow spot in a wrapped bundle of household doors. Moreover, this topic obviously covers only a small part of the general subject …
Ucc Section 2-318: Effect On Washington Requirements Of Privity In Products Liability Suits, Anon
Ucc Section 2-318: Effect On Washington Requirements Of Privity In Products Liability Suits, Anon
Washington Law Review
In recent years, there has been considerable development in the law governing liability of a seller to persons other than his immediate buyer for personal injuries caused by defective products. The rule of caveat emptor has been progressively eroded. The majority of writers and an increasing number of courts have adopted the position that a seller cannot avoid liability on the ground that he is not in privity of contract with the injured party. The Washington court appears to be following this trend. The process of judicial development, however, may be jeopardized by the recent enactment in Washington of section …
Ucc Section 9-301 (1) And Accounts, Contract Rights, And Chattel Paper: The Non-Existent Priorities, Anon
Ucc Section 9-301 (1) And Accounts, Contract Rights, And Chattel Paper: The Non-Existent Priorities, Anon
Washington Law Review
It has been said that "fortunately ... experience indicates that the practical importance of . . . [Uniform Commercial Code priority] problems is probably less than their intellectual challenge."' This may be fair warning to eager students, lawyers, and legal scholars. Such warnings, however, are seldom heeded, and pursuits of intellectual challenge are often productive. Constructive analysis of section 9-301(1) (c) and (1) (d) of the Uniform Commercial Code, insofar as they relate to "chattel paper," "accounts," and "contract rights," may prove to be most beneficial.
Unconscionability In Consumer Sales Contracts—A Defense To Actions At Law, And Under The Ucc, Anon
Unconscionability In Consumer Sales Contracts—A Defense To Actions At Law, And Under The Ucc, Anon
Washington Law Review
Plaintiff, operator of a retail furniture store, sold a five hundred dollar stereo set on installment contract to defendant Williams, knowing that defendant supported herself and seven children on a two hundred eighteen dollar monthly welfare payment. At the time defendant bought the set, she owed plaintiff one hundred sixty four dollars on thirteen prior purchases. The form contract provided that plaintiff would retain title to all items purchased until the purchaser had paid all amounts due in full, and that the debt on each item was secured by the right to repossess all items purchased. When defendant defaulted shortly …
Ucc—Liberal Interpretation Of Financing Statement Requirements, Anon
Ucc—Liberal Interpretation Of Financing Statement Requirements, Anon
Washington Law Review
Filing requirements under the Connecticut enactment of the Uniform Commercial Code have been construed by two recent decisions of the United States Court of Appeals for the Second Circuit. In one case, a creditor duly filed a "security agreement" which the debtor, "Excel Stores, Inc.," had inadvertently signed "Excel Department Stores." Upon debtor's adjudication as a bankrupt, creditor filed a reclamation petition. The district court denied the petition, holding that the security agreement was not properly signed in accordance with Uniform Commercial Code section 9-402(1). On appeal, the Second Circuit reversed and held: Use of "Excel Department Stores" instead of …
The Uniform Commercial Code—Sb 122, Richard Cosway, Warren L. Shattuck
The Uniform Commercial Code—Sb 122, Richard Cosway, Warren L. Shattuck
Washington Law Review
Senate Bill 122, enacting the Uniform Commercial Code in Washington, was passed during the recent legislative session. The effective date of the new statute is June 30, 1967. Since 1952, when the Uniform Commercial Code [hereinafter cited as UCC] was first proposed by the National Conference of Commissioners on Uniform State Laws and the American Law Institute, it has been enacted by forty-one states, the District of Columbia, and the Virgin Islands. It is now much easier to list the-states which have not enacted it. These are: Alabama, Arizona, Delaware, Idaho, Louisiana, Mississippi, South Dakota, South Carolina, and Vermont. As …
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 3], Richard Cosway
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 3], Richard Cosway
Washington Law Review
The following article is the third in a series by Professor Richard Cosway on negotiable instruments in which he compares existing Washington law with Article 3 of the Uniform Commercial Code. Previous articles on Article 3 have appeared in 38 Wash. L. Rev. 501 (1963) and 38 Wash. L. Rev. 769 (1963).
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 2], Richard Cosway
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 2], Richard Cosway
Washington Law Review
No abstract provided.
The Roles Of Lawyers In U.S.-Japanese Business Transactions, Dan Fenno Henderson
The Roles Of Lawyers In U.S.-Japanese Business Transactions, Dan Fenno Henderson
Washington Law Review
This article deals with the organization, qualifications and roles of lawyers in U.S.-Japanese transactions, with emphasis on the liaison lawyer. It is not easy for the liaison lawyer to define his specialty because it is determined by the transactions, and they sprawl across the borders of two or more countries and cut across multiple fields of substantive law. Some awkward professional problems and postures can result. First, there are unusual threshold problems of language and multiple bar membership, different professional ethics and scopes of practice, and conflicting governing laws. Then once in the practice, the liaison lawyer's inventory of useful …
Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 2], Warren L. Shattuck, Lisle R. Guernsey
Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 2], Warren L. Shattuck, Lisle R. Guernsey
Washington Law Review
No abstract provided.
Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 1], Warren L. Shattuck, Lisle R. Guernsey
Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 1], Warren L. Shattuck, Lisle R. Guernsey
Washington Law Review
It is our hope that this discussion will serve a dual purpose: (1) provide a basis for evaluating the desirability of Article 5 and so aid in an over-all evaluation of the Uniform Commercial Code in this period of pre-enactment consideration of the Code's merits, and (2) provide a point of departure for Washington bankers and lawyers who become concerned with letter of credit problems after enactment of the Code. The first of these objectives seems better served if we undertake with each section a critique of its operation in light of the existing practice. This we have done.
Sales—Automobile Warranties, Daniel B. Ritter
Sales—Automobile Warranties, Daniel B. Ritter
Washington Law Review
A defective switch in a new automobile started a fire that destroyed the entire machine. Under the standard warranty given by all automobile manufacturers, the dealer's only obligation was to supply a new switch. By so deciding, Norway v. Root illustrated the worthlessness of the standard warranty. But the importance of the case lies in the Washington court's intimation that it might invalidate disclaimers of implied warranty in automobile sales were the issue squarely presented.
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part V), Richard Cosway
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part V), Richard Cosway
Washington Law Review
The final part of this five-part article, resuming with section 2-701, Remedies for Breach of Collateral Contracts Not Impaired.
Debtors' Exemption Statutes—Revision Ideas, Marjorie Dick Rombauer
Debtors' Exemption Statutes—Revision Ideas, Marjorie Dick Rombauer
Washington Law Review
This article delineates the purposes which exemption laws should serve and surveys ways in which a comprehensive revision of the Washington statutes can more equitably (both as to debtors and creditors) effectuate these purposes. The discussion is far from exhaustive of the many provisions which might be considered in a revision of the debtor exemption area. It is intended only as a starting point for the thinking of attorneys.
Commercial Law, Robert L. Taylor
Commercial Law, Robert L. Taylor
Washington Law Review
Covers recent laws on mutual savings banks.
Creditor's Rights, Robert Debruyn, Paul A. Webber
Creditor's Rights, Robert Debruyn, Paul A. Webber
Washington Law Review
Covers cases on motor vehicle chattel mortgages—dual aspects of notice by registration and filing (DeBruyn) and on litigation of a tort claim in a garnishment proceeding—levy of execution upon a tort claim (Webber)
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iv), Richard Cosway
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iv), Richard Cosway
Washington Law Review
Continues with section 2-501, Insurable Interest in Goods; Manner of Identification of Goods
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iii), Richard Cosway
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iii), Richard Cosway
Washington Law Review
A continuation of the article, this piece begins with section 2-312, Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement.
The Uniform Commercial Code—A Modernization Of Commercial Law, Warren L. Shattuck
The Uniform Commercial Code—A Modernization Of Commercial Law, Warren L. Shattuck
Washington Law Review
Editor's Note: The Uniform Commercial Code continues to be the major topic of interest in the commercial law area as additional states enact this important statute. The roster now includes Pennsylvania, Massachusetts, Kentucky, Connecticut, New Hampshire, and Rhode Island. This issue of the Review contains the first of a series of articles by Richard Cosway, which will complete the discussion of the sales coverage of the Code, commenced by Ralph W. Johnson (Sales-A Comparison of the Law in Washington and the Uniform Commercial Code, 34 Wash. L. Rev. 78 (1959)), and will continue with a comparison of the Code and …
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part 2), Richard Cosway
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part 2), Richard Cosway
Washington Law Review
This article is a continuation of the analysis made by Professor Ralph Johnson in an earlier issue of this Review of the effect on Washington law of article 2 (Sales) of the Uniform Commercial Code. As such, it will continue the format there established of a section by section analysis of the Code. Continues with section 2-204, Formation in General.
The Bulk Sales Law In Washington, P. Bruce Wilson
The Bulk Sales Law In Washington, P. Bruce Wilson
Washington Law Review
The recent case of Hull v. Minkler clarifies certain aspects and presents some new problems concerning Washington's Bulk Sales Law. The purpose of this comment is to discuss the general application of the statute as well as the principles set forth in the Minkler case.
Sales, John F. Colgrave
Sales, John F. Colgrave
Washington Law Review
Covers cases on the implied warranty of fitness—partial reliance.
Commercial Law, Robert L. Taylor
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code, Ralph W. Johnson
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code, Ralph W. Johnson
Washington Law Review
The purpose of this article is to analyze and comment upon the changes that the Code would make on the sales law of Washington. Article 2 of the Code would entirely replace the existing Uniform Sales Act in Washington and some of the Washington case law.
The English Statute Of Frauds In Washington, John I. Neff
The English Statute Of Frauds In Washington, John I. Neff
Washington Law Review
The English statute of frauds is the law in Washington "so far as it is not inconsistent with the Constitution and laws ... of the state of Washington nor incompatible with the institutions and condition of society in this state, .. ."' This Comment is concerned with the problem of whether the Washington statutes have entirely displaced the English statute in regard to the requirement of a writing and with some of the problems presented by the application of the statutes of frauds in Washington.
Sales, James M. Hilton
Sales, James M. Hilton
Washington Law Review
Covers cases on recovery on breach of implied warranty of fitness—necessity of contractual privity.
Negotiable Instruments, Anon
Negotiable Instruments, Anon
Washington Law Review
Covers a case on negotiable instruments—promissory note secured by chattel mortgage and on negotiable instruments—conditional delivery
Creditors' Rights, Arthur R. Hart
Creditors' Rights, Arthur R. Hart
Washington Law Review
Covers cases on redelivery bonds—waiver of rights and on ambiguities of conditional sales contract and chattel mortgage.
Sales, Clark B. Snure
Sales, Clark B. Snure
Washington Law Review
Covers cases on whether the furnishing of blood by a hospital constitutes a sale.
Certificates Of Title As A Practical System For Constructive Notice Of Security Interests In Motor Vehicles, Donald H. Bond
Certificates Of Title As A Practical System For Constructive Notice Of Security Interests In Motor Vehicles, Donald H. Bond
Washington Law Review
The position of a person taking security interests in motor vehicles in Washington is plagued with uncertainties. A sharp increase in the rate of defaults on loans so secured could make that position not only uncertain, but precarious. This unsatisfactory state of affairs is caused by the obsolescence of the present system for providing constructive notice of such security interests. A comparison of that system, which consists of the Washington certificate of ownership statute and the conditional sales and chattel mortgage filing statutes, with the recently-drafted Uniform Motor Vehicle Certificate of Title and Anti-Theft Act makes this fact painfully obvious. …