Commercial Law Commons^™

A Radical Restatement Of The Law Of Seller's Damages: Michigan Results Compared, Robert J. Harris

Michigan Law Review

Conventional doctrine does not address itself directly to the choice among valuation techniques, although the various parochial damage formulae give some clues. Underlying this series of articles is an assumption that the doctrine makes more sense when restated in valuation terms. These articles involve an effort to restate in such terms one sector of expectation damage law-the part that governs cases in which plaintiff is a "seller."

Trade Regulation-Robinson-Patman Act-Price Discrimination In The Marketing Of Gasoline, Howard R. Lurie S.Ed.

Michigan Law Review

The emergence of chain stores and mail-order houses in the 1920's posed a new threat to competition; this time at the retail level. The quantity purchase discounts which large buyers could exact placed the small independent merchant at a competitive disadvantage so substantial as to cast doubt upon his continued presence in the competitive picture. To prevent these competitive advantages, which were felt to be unfair and undesirable, Congress, in 1936, passed the Robinson-Patman Act which, in part, amended section 2 of the Clayton Act. The effect of the amendment was to tighten the application of the quantity purchase defense …

Michigan Sales Law & The Uniform Commercial Code Iv (, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

Foreword only.

Forms And Procedures Under The Uniform Commercial Code, Frederick M. Hart, William F. Willier

Faculty Book Display Case

Complete guidance and procedural analysis regarding both the mechanics of completing UCC related forms and the substantive law connected with those forms. It is an invaluable resource for the practitioner, containing forms consistent with the requirements and terminology of the Code, as well as commentary and primary source materials. Basic forms are featured by Article, and are varied by alternative and optional clauses. Commentary is structured around the forms, and explains when, how and why the form should be used as well as the substantive results of their use.

Administrative Law-Judicial Control-Injunctive Extension Of The Rate Suspension Period Under The Interstate Commerce Act, John Eppel

Michigan Law Review

Plaintiffs, two interstate carriers and a municipal corporation, and defendants, four railroad companies, were parties to an investigation and suspension proceeding before the Interstate Commerce Commission. Section 15(7) of the Interstate Commerce Act allows the Commission to suspend the effectiveness of rate revisions proposed by carriers for seven months while it is deciding whether to approve them. If no decision is reached by the end of the suspension period, the proposed rates automatically become effective subject to a subsequent determination of their validity by the ICC. Expiration of the order suspending defendants' rate proposals was imminent when, in an unprecedented …

Some Thoughts About Physical Harm, Disclaimers And Warranties, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Contracts And Sales, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Commercial Law--Implied Warranties--Passage Of Title, William H. Fortune

Kentucky Law Journal

No abstract provided.

Uniform Commercial Code's Article 9--When Filing Is Not Required To Perfect A Security Interest, William L. Montague

Kentucky Law Journal

No abstract provided.

Kentucky Passes A Retail Installment Sales Act, Charles S. Whitehead

Kentucky Law Journal

No abstract provided.

Commercial Law--Privity Of Contract Necessary For Implied Warranty, Larry Garmon

Kentucky Law Journal

No abstract provided.

The Uniform Commercial Code--Secured Transactions And The West Virginia Landlord's Lien, Forest Jackson Bowman

West Virginia Law Review

No abstract provided.

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.

Secured Transactions Under The Uniform Commercial Code, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

The Bank-Depositor Relationship--A Comparison Of The Present Tennessee Law And The Uniform Commercial Code, John A. Spanogle Jr.

Vanderbilt Law Review

The author examines the relationship of the bank and its deposit or under existing Tennessee law and then points out changes and modifications which would arise under the Uniform Commercial Code. Professor Spanogle notes that many of the problems discussed are not governed by statute in Tennessee and that the case law is unclear in certain areas. This is one of his reasons for recommending the adoption of the Uniform Commercial Code by the Tennessee legislature.

Pricing Power And The Public Interest: A Study Based On Steel, By Gardiner C. Means, Vincent M. Nathan

Indiana Law Journal

No abstract provided.

Financing The Dealer's Inventory, Robert G. Lawson

Law Faculty Scholarly Articles

The principle objective of inventory financing is to provide the dealer with a line of credit to carry on his business. To achieve this objective, it is necessary that the dealer have power to sell the collateral, and to apply the proceeds to the purchase of other goods. Since a sale of the callateral by the dealer to a bona fide purchaser destroys the creditor's security interests in those goods, he obviously will not permit such disposition unless given protection in some other way. Therefore, to satisfy the demands of both the dealer and the financier, the security instrument must …

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.

Prorata Recovery By Shareholders On Corporate'cauises Of Action As A Means Of Achieving Corporate Justice, Edward J. Grenier, Jr.

Washington and Lee Law Review

No abstract provided.

Negotiable Instruments Law Under The Uniform Commercial Code, William O. Morris

West Virginia Law Review

The use of commercial instruments in trade and business dates from antiquity. Wigmore has called attention to the use of a note payable to bearer dating approximately from 2100 B. C. It was not until the 15th and 16th centuries that the use of negotiable instruments became widespread and common. While bills and notes in trade were used before this period, their true importance and common use date from the establishment of the great banking institutions of the continent. The laws relating to negotiable instruments arise from three sources, the law merchant, the common law and the Negotiable Instruments Law …

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.

Secured Credit In Personal Property Transactions: An Introduction To Article 9 Of The Uniform Commercial Code, Willard D. Lorensen

West Virginia Law Review

Article 9 of the Uniform Commercial Code deals with the creation, perfection and enforcement of security interests in personal property, both, tangible and intangible. This paper generally outlines the provisions and ideas of article 9 and make some comparisons with existing West Virginia law. Article 9 is attached as an appendix to this paper to permit easy reference to specific sections of the article for more detailed information where the reader so desires. This paper is not intended to be an exhaustive treatment of article 9 but rather it is intended to be an introduction to and general explanation of …

Employment Discrimination And Interstate Carriers

Indiana Law Journal

No abstract provided.

Termination And Non-Renewal Of Franchises Under The Automobile Dealers Franchise Act

Indiana Law Journal

No abstract provided.

Bank-Customer Relations Under The Uniform Commercial Code, Henry D. Collins

West Virginia Law Review

No abstract provided.

Letters Of Credit And The West Virginia Law, Stanley E. Dadisman

West Virginia Law Review

No abstract provided.

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 …

Book Reviews, Law Review Staff

Vanderbilt Law Review

Decision at Law

By David W. Peck.

New York: Dodd, Mead & Co.,1961. Pp. vii, 303.

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Corporation Lawyer: Saint or Sinner? By Beryl Harold Levy.

Philadelphia and New York: Chilton Co., 1961. Pp. x, 175.

reviewer: Elliott E. Cheatham

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Criminal Psychology Edited by Richard W. Nice. New York: Philosophical Library, Inc., 1962. Pp. 284.

reviewer: J. Paschall Davis

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Symposium on the Labor-Management Reporting and Disclosure Act of 1959 Edited by Ralph Slovenko. Baton Rouge: Claitor's Bookstore, 1961. Pp. xliv, 1237. $20.00.

reviewer: Robert N. Covington

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Handling Accident Cases, Vol. 3

By Albert Averbach.

Rochester: The Lawyers …

Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse

Michigan Law Review

During the current year, a space event of legal and technological significance will occur. The American Telephone and Telegraph Company (A.T. & T.), using the launching facilities of the National Aeronautics and Space Administration (NASA), will launch its first satellite for research in the area of commercial communications.† The A.T. & T. sphere will be the first tested by a private, commercial organization specifically for business purposes- to implement a plan eventually to provide increased and improved telecommunications on a grand scale at a lower cost. The satellite will relay television signals from the United States to England, Germany, and …

Federal Antitrust Law-Sherman Act-Resale Restrictions In Agreements Between Manufacturer And Distributors, S. Anthony Benton

Michigan Law Review

Defendant, a manufacturer of heavy trucks, entered into agreements with its wholesale distributors and retail dealers whereby the distributors and dealers agreed to resell defendant's trucks at prices fixed by defendant. They also agreed to restrict their sales to customers located within the territories designated by defendant and to allow defendant to deal directly with all government accounts. The Justice Department, charging violation of sections I and 3 of the Sherman Act, brought a civil suit to enjoin defendant from continuing or renewing any of the aforementioned arrangements. On plaintiff's motion for summary judgment, held, motion granted. Vertical agreements …