Open Access. Powered by Scholars. Published by Universities.®

Commercial Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Sales

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 31 - 60 of 91

Full-Text Articles in Commercial Law

Inventory Lender As A Good Faith Purchaser For Value: Priority Problems In U.C.C. 2-702 Sep 1986

Inventory Lender As A Good Faith Purchaser For Value: Priority Problems In U.C.C. 2-702

Washington and Lee Law Review

No abstract provided.


Rights And Obligations Of Buyers With Respect To Goods In Their Possession After Rightful Rejection Or Juvenile Revocation Of Acceptance, R. J. Robertson Jr. Oct 1985

Rights And Obligations Of Buyers With Respect To Goods In Their Possession After Rightful Rejection Or Juvenile Revocation Of Acceptance, R. J. Robertson Jr.

Indiana Law Journal

No abstract provided.


The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger Jan 1985

The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.


Qualification Requirements For Foreign Corporations: The Need For A New Definition Of "Doing Business" Based On In-State Sales Volume, Stanley M. Klem Oct 1980

Qualification Requirements For Foreign Corporations: The Need For A New Definition Of "Doing Business" Based On In-State Sales Volume, Stanley M. Klem

University of Michigan Journal of Law Reform

Part I of this article examines the mechanics of the present qualification system, paying special attention to the problems created by a multiplicity of vague state standards. Part II discusses the historical justification and purposes of the present system, concluding that only the protection function justifies the continued existence of the system. Finally, Part III proposes that "doing business" be defined in terms of the annual volume of in-state sales. This solution would remedy the problems which plague the present system while furthering the legitimate protection function of the state qualification requirements.


The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams Jan 1979

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

Villanova Law Review (1956 - )

No abstract provided.


The Cash Seller's Right Of Reclamation Versus The Secured Party's Floating Lien: Who Is Entitled To Priority? Jan 1978

The Cash Seller's Right Of Reclamation Versus The Secured Party's Floating Lien: Who Is Entitled To Priority?

Washington and Lee Law Review

No abstract provided.


Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan Sep 1977

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 …


Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White May 1977

Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White

Articles

A proponent of commercial law codification, Mr. Eaton was one of the first American lawyers to perceive that mere codification of the law did not necessarily produce certainty and lack of discord in the law of commercial transactions. Indeed, in the same article Eaton reveals that of the 1,091 cases that had arisen under the Negotiable Instruments Law, only 704 cited the Act and in the other 387 "the Negotiable Instruments Law [was] ignored by the courts in the decisions, and (so far as the reports show) by the counsel in these cases...." Unlike Bentham, Carter, and Field, each of …


The Unheralded Demise Of The Statute Of Frauds Welsher In Oral Contracts For The Sale Of Goods And Investment Securities: Oral Sales Contracts Are Enforceable By Involuntary Admissions In Court Under U.C.C. Sections 2-201(3)(B) And 8-319(D), Philip K. Yonge Jan 1976

The Unheralded Demise Of The Statute Of Frauds Welsher In Oral Contracts For The Sale Of Goods And Investment Securities: Oral Sales Contracts Are Enforceable By Involuntary Admissions In Court Under U.C.C. Sections 2-201(3)(B) And 8-319(D), Philip K. Yonge

Washington and Lee Law Review

No abstract provided.


In Re Good Deal Supermarkets, Inc.: A Hasty Invalidation Of Ucc § 2-702(2) As A Statutory Lien Under § 67(C)(1)(A) Of The Bankruptcy Act Sep 1975

In Re Good Deal Supermarkets, Inc.: A Hasty Invalidation Of Ucc § 2-702(2) As A Statutory Lien Under § 67(C)(1)(A) Of The Bankruptcy Act

Washington and Lee Law Review

No abstract provided.


Cure And Revocation For Quality Defects: The Utility Of Bargains, Alan Schwartz Jan 1975

Cure And Revocation For Quality Defects: The Utility Of Bargains, Alan Schwartz

Articles by Maurer Faculty

No abstract provided.


Seller Unequal Bargaining Power And The Judicial Process, Alan Schwartz Apr 1974

Seller Unequal Bargaining Power And The Judicial Process, Alan Schwartz

Indiana Law Journal

No abstract provided.


Severance Of Buyer's Defenses Against Seller's Assignee Through Merger-Disclaimer Clauses: Circumvention Of Uccc Sections 2.403 And 2.404, Robert Dugan Jan 1974

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.


Notice Of Breach In Sales And Strict Liability Law: Should There Be A Difference?, Jerry J. Phillips Apr 1972

Notice Of Breach In Sales And Strict Liability Law: Should There Be A Difference?, Jerry J. Phillips

Indiana Law Journal

No abstract provided.


New Jersey Retail Installment Sales Act, Eric A. Oesterle Jan 1972

New Jersey Retail Installment Sales Act, Eric A. Oesterle

University of Michigan Journal of Law Reform

The effect of the enactment of the New Jersey bill is that a "retail buyer" may now assert against an assignee of the installment contract or subsequent "holder" of the negotiable note any defenses he has against the retail installment seller. The new law would appear to be one of the most comprehensive laws of its type to be enacted. However, the draftsmen apparently left a significant loophole, appropriately termed the "specious cash sale,” which, if exploited, could negate the intended effect of the new law. This note will analyze the bill, compare it with the relevant provisions of the …


Uniform Commercial Code--Sales--Sections 2-508 And 2-608--Limitations On The Perfect-Tender Rule, Michigan Law Review Nov 1970

Uniform Commercial Code--Sales--Sections 2-508 And 2-608--Limitations On The Perfect-Tender Rule, Michigan Law Review

Michigan Law Review

Section 2-601 of the UCC gives a buyer of goods a right to reject for any nonconformity to the contract specifications. While this section essentially codifies the "perfect tender" rule of pre-Code sales law, it expressly limits that rule by referring to section 2-612, which pertains to installment contracts, and sections 2-718 and 2-719, which allow contractual limitations on remedies. Moreover, other provisions in the Code have the effect of restricting the perfect-tender concept. This Note will examine how the courts have applied two such sections-2-508 and 2-608-to protect the interests of buyers and sellers after tender.


Recent Developments In Products Liability Law In Pennsylvania, Warren W. Faulk Jan 1969

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

Villanova Law Review (1956 - )

No abstract provided.


The Law Applicable To International Letters Of Credit, Roger J. Gewolb Jan 1966

The Law Applicable To International Letters Of Credit, Roger J. Gewolb

Villanova Law Review (1956 - )

No abstract provided.


The Uniform Commercial Code's Statute Of Frauds For Sales Of Goods, Joseph A. Tate Jan 1966

The Uniform Commercial Code's Statute Of Frauds For Sales Of Goods, Joseph A. Tate

Villanova Law Review (1956 - )

No abstract provided.


The Conflict Of Laws: A Comparative Study, Second Edition. Volume Three. Special Obligations: Modification And Discharge Of Obligations, Ernst Rabel Jan 1964

The Conflict Of Laws: A Comparative Study, Second Edition. Volume Three. Special Obligations: Modification And Discharge Of Obligations, Ernst Rabel

Michigan Legal Studies Series

The third volume of Ernst Rabel's comparative treatise on the conflict of laws was originally published in 1950. With the continued support ofThe University of Michigan Law School and the cooperation of the Max-Planck-Institut für auslaändisches und internationals Privatrecht in Hamburg, this second edition of Volume III has been prepared. Plans for the revision of Volumes I and II were made before the death of the author on September 7, 1955, and the work was carried to completion by Dr. Ulrich Drobnig of the staff of the Institut in Hamburg. We were fortunate in obtaining the services of another well-qualified …


Contracts And Sales, Douglass Boshkoff Jan 1964

Contracts And Sales, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


The Good Faith Purchase Of Goods And "Entrusting" To A Merchant Under The Uniform Commercial Code: Section 2-403 Jul 1963

The Good Faith Purchase Of Goods And "Entrusting" To A Merchant Under The Uniform Commercial Code: Section 2-403

Indiana Law Journal

No abstract provided.


Contracts And Sales, Douglass Boshkoff Jan 1963

Contracts And Sales, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


The Uniform Commercial Code Bulk Sales Article Compared With West Virginia Law, Londo H. Brown Jun 1962

The Uniform Commercial Code Bulk Sales Article Compared With West Virginia Law, Londo H. Brown

West Virginia Law Review

The gradual adoption of the various uniform laws by the states is beginning to have some effect on the system of "different laws in different states." Perhaps nowhere in the field of law is there greater need for uniform laws in the different states than in commercial law. The Uniform Commercial Code was designed to meet this need, and since 1954 our neighboring state, Pennsylvania, has served as a testing ground for that Code. This report deals with Article 6, Bulk Transfers, of the Uniform Commercial Code. That article, if adopted in West Virginia, would supplant our present Bulk Sales …


Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele Apr 1962

Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele

West Virginia Law Review

No abstract provided.


Sales And Secured Transactions, Douglass Boshkoff Jan 1962

Sales And Secured Transactions, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


The Uniform Commercial Code Sales Article Compared With West Virginia Law Part I, Willard D. Lorensen Dec 1961

The Uniform Commercial Code Sales Article Compared With West Virginia Law Part I, Willard D. Lorensen

West Virginia Law Review

The adoption of the Uniform Commercial Code in West Virginia would provide for the first time in the history of this state a general legislative venture into the field of sales law. Court-made common law is the present source of sales law, and typical of the common law, a very uneven pattern is found. Precedents pile up at certain points while numerous other questions float in an absolute void of authority. The major portion of this study, composed of a section by section analysis of the sales article, contrasts time and again the thoroughness and detail of the Code against …


Sales And Secured Transactions, Douglass Boshkoff Jan 1961

Sales And Secured Transactions, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Sales And Secured Transactions, Douglass Boshkoff Jan 1960

Sales And Secured Transactions, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Book Review. Whitney, F. A., Modern Commercial Law And Practices, Kenneth B. Hughes Jan 1959

Book Review. Whitney, F. A., Modern Commercial Law And Practices, Kenneth B. Hughes

Articles by Maurer Faculty

No abstract provided.