Commercial Law Commons^™

Sales, Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

Sales (1959-1967), Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

Bailments And Carriers, Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

Suretyship (1959-1967), Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

Duty To Warn Extended To Non-Commercial Vendor Selling Chattel "As Is", Anon

Washington Law Review

The ignition system of T's pickup truck had a safety switch to prevent the engine from being started when the automatic transmission was in gear. When T accidentally broke the safety switch, the ignition system became inoperable. To remedy that situation, T joined the wires of the ignition system so as to bypass the broken safety switch. He knew this modification made it possible to start the truck even when the transmission was in gear. Later the motor broke down, and T had the truck towed to defendant's dealership, where he sold it "as is" to defendant. T did not …

Sales--Warranties Under The Uniform Commercial Code, Peter Thomas Denny, Martin Joseph Glasser, John Charles Lobert

West Virginia Law Review

No abstract provided.

Duty To Warn Extended To Non-Commercial Vendor Selling Chattel "As Is", Anon

Washington Law Review

The ignition system of T's pickup truck had a safety switch to prevent the engine from being started when the automatic transmission was in gear. When T accidentally broke the safety switch, the ignition system became inoperable. To remedy that situation, T joined the wires of the ignition system so as to bypass the broken safety switch. He knew this modification made it possible to start the truck even when the transmission was in gear. Later the motor broke down, and T had the truck towed to defendant's dealership, where he sold it "as is" to defendant. T did not …

An Argument For The Elimination Of The "Business" Test From The Administration Of The Net Operating Loss Carryover, Richard Rothberg

Indiana Law Journal

No abstract provided.

The Impact Of Canadian Income Tax Law On Domestic Subsidiaries Of U.S. Corporations—B.C. And A.D., James A. Rendall

Buffalo Law Review

No abstract provided.

Canadian Commercial Law, Albert S. Abel

Buffalo Law Review

No abstract provided.

International Secured Transactions: United States & Canada, Dellas W. Lee

Buffalo Law Review

No abstract provided.

Book Reviews, Herman L. Trautman, W. Harold Bigham

Vanderbilt Law Review

THE BEST OF TRUSTS AND ESTATES-ESTATE PLANNING

There are one hundred and four articles arranged in eight chapters entitled, "Estate Planning-A Panoramic View," "Using the Marital Deduction, "Income Tax Planning, " "Making the Most of Gifts,""Minimizing Administration Problems," "How to Handle Business Interests," "Arranging Life Insurance," and "Drafting Wills and Trusts." The citation and date of the original publication of each article is stated, and in many instances there is an addendum by the author which brings the article up to the date of the book. In addition there are excellent introductory commentaries by the editors at the beginning of …

The Uniform Commercial Code Comes Of Age, Roy L. Steinheimer Jr.

Michigan Law Review

Once upon a time back in the elegant and well-ordered Victorian age, a new organization known as the National Conference of State Boards of Commissioners for Promoting Uniformity of Legislation in the United States undertook the task of drafting a Negotiable Instruments Law (NIL) for adoption by the legislatures of the various states. The law was finally prepared and recommended by the Commissioners for adoption in 1896, and, by December of 1900, fifteen states had adopted it. In that month, Dean Ames, of the Harvard Law School, loosed a blast at this new law in an article in the Harvard …

Government Contracts-Adoption Of Uniform Commercial Code As The Applicable Federal Law In An Action For Breach Of Government Contract-United States V. Wegematic Corp., Michigan Law Review

Michigan Law Review

Appellant contracted to supply the Federal Reserve Board with a "truly revolutionary" electronic digital computing system. After twice requesting postponement of the delivery date, appellant informed the Board that delivery under the terms of the contract would be impracticable because of unforeseen engineering difficulties that would require at least one year and one million dollars to overcome. Appellant asked for cancellation of the contract, but the Board refused and brought a suit for damages. Both parties conceded that federal law governed the action; appellant, however, argued that section 2-615 of the Uniform Commercial Code (Code) should be adopted as the …

Secured Transactions-Insurance-A Security Interest In The "Proceeds" Of Secured Collateral Does Not Include Insurance Proceeds-Universal C.I.T. Corp. V. Prudential Investment Corp., Michigan Law Review

Michigan Law Review

In return for a loan, a debtor executed a promissory note to codefendant, Prudential Investment Corporation, and entered into a written agreement to secure this note, designating as collateral a semi-tractor and the proceeds therefrom. Under this type of arrangement, Prudential's security interest would attach automatically to any property received from a sale, exchange, or other disposition of the tractor. Petitioner, Universal C.I.T. Corp., held the conditional sales contract which was executed in financing the purchase of the tractor and was named as loss payee in the insurance contract covering the tractor. When the tractor was totally destroyed, petitioner collected …

Meeting Competition Exception To Sales Below Cost Prohibition, Anon

Washington Law Review

On August 14, 1963, defendant's officials determined that they would advertise and sell fryer chickens at twenty-nine cents per pound during the upcoming Labor Day weekend. Defendant's invoice cost was thirty and one half cents per pound. Competing stores had sold at twenty-nine cents on July 24, August 14 and August 16. Before it established the Labor Day weekend selling price, defendant made no investigation to determine the legality of its competitors' prices, but assumed their twenty-nine cent prices were legal because no action had been brought to enjoin or prosecute competitors. The state brought action to enjoin defendant's sales …

Meeting Competition Exception To Sales Below Cost Prohibition, Anon

Washington Law Review

On August 14, 1963, defendant's officials determined that they would advertise and sell fryer chickens at twenty-nine cents per pound during the upcoming Labor Day weekend. Defendant's invoice cost was thirty and one half cents per pound. Competing stores had sold at twenty-nine cents on July 24, August 14 and August 16. Before it established the Labor Day weekend selling price, defendant made no investigation to determine the legality of its competitors' prices, but assumed their twenty-nine cent prices were legal because no action had been brought to enjoin or prosecute competitors. The state brought action to enjoin defendant's sales …

Commentary On Section 7-503(3) Of The Uniform Commercial Code And The "Freight Forwarder Problem", Henry K. Garson

Buffalo Law Review

No abstract provided.

Gilmore: Security Interests In Personal Property, Jerry P. Belknap

Michigan Law Review

A Review of Security Interests in Personal Property 2 vols. By Grant Gilmore

Products Liability In Sales Transactions, Satoshi Niibori, Richard Cosway

Washington Law Review

Products liability involves the vulnerability of a supplier of goods in a sales transaction to compensate for defects in the goods and for harm or injury resulting from those defects. The discussion of Japanese law which follows deals with the liability of manufacturers. It does not extend to liability of wholesalers and retailers, since there is no Japanese case authority in point. In the United States, manufacturer's liability is involved in many of the cases and in much of the literature, but there is a vast amount of additional authority involving the liability of wholesalers and retailers. Because some of …

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 …

Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson

Washington Law Review

But one area where the usefulness of arbitration is recognized almost universally is international business such as U.S./Japanese sales under discussion here. On reflection the reasons are not altogether happy ones, for most of the benefits as seen by the proponents of arbitration seem to flow largely from the inadequacies of litigation, which are especially pronounced in the transnational context. What are some of the difficulties peculiar to transnational litigation? In the U.S./Japanese context they include: differences of jurisdictional requirements; uncertainty about which law will be found to govern an international contract under current choice-of-law rules; uncertainty even as to …

Products Liability In Sales Transactions, Satoshi Niibori, Richard Cosway

Washington Law Review

Products liability involves the vulnerability of a supplier of goods in a sales transaction to compensate for defects in the goods and for harm or injury resulting from those defects. The discussion of Japanese law which follows deals with the liability of manufacturers. It does not extend to liability of wholesalers and retailers, since there is no Japanese case authority in point. In the United States, manufacturer's liability is involved in many of the cases and in much of the literature, but there is a vast amount of additional authority involving the liability of wholesalers and retailers. Because some of …

Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson

Washington Law Review

But one area where the usefulness of arbitration is recognized almost universally is international business such as U.S./Japanese sales under discussion here. On reflection the reasons are not altogether happy ones, for most of the benefits as seen by the proponents of arbitration seem to flow largely from the inadequacies of litigation, which are especially pronounced in the transnational context. What are some of the difficulties peculiar to transnational litigation? In the U.S./Japanese context they include: differences of jurisdictional requirements; uncertainty about which law will be found to govern an international contract under current choice-of-law rules; uncertainty even as to …

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 …

Commercial Treaties And International Trade Transactions In East-West Trade, Clive M. Schmitthoff

Vanderbilt Law Review

Operations of international trade law are transacted on two levels--that of public law and that of private law. This distinction is clearly drawn in the Report of the Secretary-General of the United Nations on "The Progressive Development of the Law of International Trade," a report which, it may be recalled, preceded the establishment of the United Nations Commission on International Trade Law (UNCI-TRAL) in December 1966. That report limits its ambit to the "law of international trade," which is defined as "the body of rules governing commercial relationships of a private law nature involving different countries." The report excludes from …

Bankruptcy Preferences-Secured Transactions-Security Interest In After-Acquired Property Is Voidable Preference If Received Within Four Months Of Bankruptcy-In Re Portland Newspaper Publishing Co., Michigan Law Review

Michigan Law Review

In an effort to provide employment for several hundred workers who had lost their jobs in an unsuccessful strike against Portland's two largest newspapers, the local printers' unions and several civic leaders organized the Portland Reporter Publishing Co. (Reporter) to publish a rival newspaper. The unions also formed the Rose City Development Co. (Rose City), which leased facilities and equipment to Reporter and subsequently made several emergency operating loans to it. These loans were secured by an agreement designating as collateral all of Reporter's previously unsecured accounts receivable, both present and after-accruing. This type of agreement -securing after-acquired property of …

A Symposium On State Trading, William W. Bishop, Jr., Edwin D. Dickinson

Vanderbilt Law Review

It is a privilege and an honor to be invited to introduce the following collection of articles on State Trading. In planning and organizing this symposium, the Vanderbilt Law Review has chosen to deal with an important factor in contemporary economic life--a factor which has widespread ramifications in both domestic and international law. The included articles cover a wide variety of subjects, and represent view-points which differ considerably. They have the common quality of clear and full presentation of information about current problems, while at the same time suggesting further lines for investigation. Each article offers much of interest and …

The Uniform Commercial Code Comes Of Age, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

No abstract provided.

The Pennsylvania Goods And Services Installment Sales Act, Robert B. White Jr.

Villanova Law Review (1956 - )

No abstract provided.