Contracts Commons^™

The Past And Future Of Kentucky's Fraudulent Transfer And Preference Laws, Douglas C. Michael

Law Faculty Scholarly Articles

An important part of the law of creditors' remedies is the ability of creditors to recover property formerly held by the debtor, but transferred to others under circumstances that are considered to be unfair or inequitable. There are two principal ways a creditor can seek to have a debtor's transfer characterized as unfair in order to recover it. First, a transfer to another creditor or a third party can be fraudulent as to one or all of the remaining creditors, or may be deemed to be fraudulent because of the circumstances surrounding the transfer, such as a transfer made by …

The Interaction Of The Doctrine Of Reasonable Expectations And Ambiguity In Drafting: The Development Of The Kentucky Formulation, Amy D. Cubbage

Kentucky Law Journal

No abstract provided.

15th Annual Legal Issues For Financial Institutions Conference, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Walter R. Byrne Jr, Mark F. Sommer, Lisa Koch Bryant, Leonard A. Watkins, Thomas W. Grundy, Joann B. Heppermann, James C. Seiffert, William H. Haden Jr., T. Richard Riney, Marcus P. Mcgraw, W. Bradford Boone, John T. Mcgarvey, James F. Rose, J. Rick Jones, M. Thurman Senn, M. Brooks Senn

Continuing Legal Education Materials

Program and materials from the 15th Annual Legal Issues for Financial Institutions Conference held by UK/CLE on March 10-11, 1995.

They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg

Law Faculty Scholarly Articles

"[B]eyond the pale" is how the drafters of Article Nine of the Uniform Commercial Code regarded tort claims. They considered tort claims to be noncommercial assets inappropriate for inclusion as collateral within the scope of a commercial financing statute. Tort claims may not be out-of-bounds much longer. The Article Nine Study Committee of the Permanent Editorial Board for the Uniform Commercial Code recommends expansion of the Article's scope to encompass security interests in claims arising out of tort. This recommendation is significant. Tort causes of action comprise an ever-expanding universe of civil wrongs for which courts afford redress. The owners …

Negligence, Contract, And Architects' Liability For Economic Loss, Matthew S. Steffey

Kentucky Law Journal

No abstract provided.

Default Rules For Contract Formation By Promise And The Need For Revision Of The Mailbox Rule, Beth A. Eisler

Kentucky Law Journal

No abstract provided.

Ucc Section 2-714(1) And The Lost-Volume Theory: A New Remedy For Middlemen?, John Hackley

Kentucky Law Journal

No abstract provided.

Article Two Warranties In Commercial Transactions: An Update, Kathryn L. Moore, Debra L. Goetz, Douglas E. Perry, David S. Rabb

Law Faculty Scholarly Articles

In 1978 the Cornell Law Review published a Special Project devoted to Article Two commercial warranties. Nine years have since elapsed, and we have decided to update and reassess this important area of the law. We have discovered that although judicial treatment of many aspects of Article Two warranty law has remained stable, in some instances the courts' treatment has progressed and in other instances it has become unclear. This Special Project is our attempt to assemble these changes, interpret the progress, and suggest new lines of analysis to clarify areas of conflict.

Strict Liability For Chattel Leasing, Richard C. Ausness

Law Faculty Scholarly Articles

Leasing has become an increasingly popular substitute for outright purchases as a means of acquiring products for use. Few courts and commentators, however, have addressed the question of whether the principles of strict products liability which apply to sellers also apply to lessors. In this Article, Professor Ausness reviews the historical basis for imposing strict liability in tort on sellers and applies these rationales to five basic kinds of lease transactions. He concludes that strict liability should not apply when a product defect arises after the leased product is placed in the hands of the lessee (as contrasted with the …

Jefferson Parish And Its Progeny: More Efficient Health Care At What Price?, H. Ward Classen

Kentucky Law Journal

No abstract provided.

The Prevention And Treatment Of Breeding Contract Controversies, John J. Kropp, J. Jeffrey Landen, Monica A. Donath

Kentucky Law Journal

No abstract provided.

Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich

Law Faculty Scholarly Articles

In 1958 Kentucky became the third state to enact the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. The General Assembly stated that this legislation was intended to modernize, clarify and simplify the law of commercial transactions. Enactment of the Code also evidenced the legislature's intent to make Kentucky commercial law uniform with that of the other states. Subsequent General Assemblies further implemented these policies by enacting substantially all of the uniform amendments to the Code proposed by the ALI and NCCUSL through 1964.

Unfortunately, these enactments represent our …

Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg

Law Faculty Scholarly Articles

This article focuses on two classes of commercial paper issues. Section I considers the Uniform Commercial Code rules relevant to determining whether a corporation or its agents are bound by contracts made upon a negotiable instrument. Application of these rules continues to be an important and recurrent source of legal disputes. Section II considers the rights of corporations or their agents to obtain holder status prerequisite to enforcing commercial paper contracts. Problems relating to the attainment of this status can result from corporate engagement in joint-enterprise with artificial or natural persons and from the linkage of corporations through common ownership …

Surrogate Gestation And The Protection Of Choice, Louise E. Graham

Law Faculty Scholarly Articles

Proponents of surrogate gestation contracts base their case on both the constitutional privacy rights of persons involved in the contract and the notion that contractual agreements are capable of sufficiently protecting all interests involved. This article first speculates on how courts might handle surrogate gestation contracts under existing laws and offers arguments for and against such contracts. Although some commentary on the contractual aspect of the agreement exists, little attention has been given to the privacy arguments of the parties. The major focus of this article, therefore, is upon the nature of the privacy claims asserted by the prospective parents …

Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg

Law Faculty Scholarly Articles

In considering American common law doctrines shaped during the nineteenth century, commentators have advanced differing theories on the primary judicial criteria employed by judges. Recent studies have argued that these doctrines reflect a criterion of economic efficiency. This work has been criticized for its failure to explain why there seems to be a correlation between efficiency and these decision rules or why judges might have preferred efficiency over other decisional criteria. Other studies have proposed that many judicial doctrines announced before the Civil War were intended to facilitate or ratify major shifts in the distribution of social wealth. This article …

An "Equivocal Estoppel": The Strange Career Of Promissory Estoppel In Kentucky Contract Law, Steven Connelly

Kentucky Law Journal

No abstract provided.

Wanted: A Strict Contractual Approach To The Private University/Student Relationship, Rebecca Hanner White

Kentucky Law Journal

No abstract provided.

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 …

Choice Of Forum Clauses In International And Interstate Contracts, James T. Gilbert

Kentucky Law Journal

No abstract provided.

Employment Contracts Terminable At Will: Monge V. Beebe Rubber Co. And Bad Faith Discharges, Terry Sellars

Kentucky Law Journal

No abstract provided.

Contracts--Consideration--Effect Of Subsequent Compromise For More Money, Sidney Clay Kinkead Jr.

Kentucky Law Journal

No abstract provided.

Contracts--Adams V. Lindsell Rule--Unjustified Significance Placed On Loss Of Control, James L. Avritt

Kentucky Law Journal

No abstract provided.

Contracts--United States Savings Bongs--Treasury Regulations As A Term, R. Cletus Maricle

Kentucky Law Journal

No abstract provided.

Contracts--An Interpretation Of The Uniform Commercial Code Section 2-207(1), Paul D. Gudgel

Kentucky Law Journal

No abstract provided.

Contracts--Third Party Beneficiaries--Beneficiary's Right Arising At Death Of Promise, Charles Samuel Whitehead

Kentucky Law Journal

No abstract provided.

Contracts--Subcontractors As Third Party Beneficiary Of Contract Between State And Prime Contractor, Tommy W. Chandler

Kentucky Law Journal

No abstract provided.

Contracts--Consideration--Forbearance To Assert An Invalid Claim, Charles Samuel Whitehead

Kentucky Law Journal

No abstract provided.

The Doctrine Of Part Performance And Contracts To Devise In Kentucky, Whayne C. Priest Jr.

Kentucky Law Journal

No abstract provided.

Contracts--Place Where Made When Acceptance Is By Telephone, William M. Dishman Jr.

Kentucky Law Journal

No abstract provided.

Contracts--Consideration--Mutuality Of Obligation, John T. Bondurant

Kentucky Law Journal

No abstract provided.