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24 Mar 2:39 pm
Article 2 of The Uniform Commercial Code. The Uniform Commercial Code ("UCC") is my Bible. So, when I read about the pain caused to businesses and charities by the peanut butter recall, I look first to the UCC to see ... issues that a food recall might generate. Express and Implied Warranties. Among the gap filler provisions are implied warranties. The UCC implied warranties include: A warranty of title A warranty against infringement (which is only given by merchants) A warranty of merchantability ...
Food Liability Law Blog - http://www.foodliabilitylaw.com/
24 Feb 7:55 am
... Code, in large measure, governs the conduct between merchants and other parties dealing with merchants. The Uniform Commercial Code establishes legal principles that control many business transactions. For instance, when you buy a piece of exercise ... payments, then the lender has the right to foreclose and to sell your property at public auction. The Uniform Commercial Code also deals with negotiable instruments. A negotiable instrument is any instrument that may be negotiated or sold for value. ...
Northern Virginia Personal Injury Lawyer Blog - http://www.northernvirginiapersonalinjuryattorney.com/
10 Nov 9:18 am
... Code, in large measure, governs the conduct between merchants and other parties dealing with merchants. The Uniform Commercial Code establishes legal principles that control many business transactions. For instance, when you buy a piece of exercise ... payments, then the lender has the right to foreclose and to sell your property at public auction. The Uniform Commercial Code also deals with negotiable instruments. A negotiable instrument is any instrument that may be negotiated or sold for value. ...
Northern Virginia Personal Injury Lawyer Blog - http://www.northernvirginiapersonalinjuryattorney.com/
9 Aug 4:38 am
... his post, entitled, "If your U.S. client trades abroad, the UCC won't always give you the answer." Hull has this to say: If ... months, deals are struck and goods change hands. In cases of international sales of goods, the Uniform Commercial Code--or UCC, adopted by 49 states to create a standardized law ... International Sale of Goods (1980)(often referred to as the "CISG"). A multinational treaty that provides a uniform law for international sales of goods, the CISG was signed in 1980--and has been ...
China Law Blog - http://www.chinalawblog.com/
28 Aug, 2007 7:09 pm by Michael Stevens
UPTON, AN UNDERWRITE AT LLOYDS OF LONDON V. GINN BUSINESS: UNIFORM COMMERCIAL CODE (UCC) ANTICAPATORY BREACH2005-CA-001062 PUBLISHED: AFFIRMING PANEL: ABRAMSON PRESIDING; TAYLOR AND KNOPF CONCUR COUNTY: MONTGOMERY DATE RENDERED: 8/10/2007 Ginn bought tobacco from Lloyds for .70 per pound. Lloyds was selling it to offset the loss it insured in the warehouse whose roof had collapsed under snow. When Ginn went to pick up the tobacco ...
Kentucky Cases - http://www.kycases.com/
13 Jun 9:12 pm by Tom Welshonce
... months, deals are struck and goods change hands. In cases of international sales of goods, the Uniform Commercial Code--or UCC, adopted by 49 states to create a standardized law ... International Sale of Goods (1980)(often referred to as the "CISG"). A multinational treaty that provides a uniform law for international sales of goods, the CISG was signed in 1980--and has been ... Fed. Reg. 6262, 6264-6280 (March 2, 1987); United States Code Annotated, Title 15, Appendix (Supp. 1987). We were trying quickly ...
What About Clients? - http://www.whataboutclients.com/
10 Apr, 2007 10:15 pm by Lawrence Solum
... Law Journal, Vol. 68, p. 349, 2007) on SSRN. Here is the abstract: The domestic success of the Uniform Commercial Code as a unifying force within the United States has contributed to calls for similar unification on an ... the federal and state governments to accommodate international developments deserve attention. The ability of the UCC drafting process to respond to the increasing internationalization of commercial law will put both its product and process to the test. This article explores the ...
Legal Theory Blog - http://lsolum.typepad.com/legaltheory/
28 Jun, 2008 11:07 pm by WOLFGANG P. HIRCZY DE MIÑO
... seeks damages for death or personal injury based on a breach of implied warranty cause of action under the Uniform Commercial Code seeks damages in tort and is accordingly subject to Chapter 33 of the Texas CPRC, the comparative responsibility ... use by inmates. To reach that result, the majority had to hold that the breach of implied warranty claim under the UCC constitutes a tort claim covered by the comparative responsibility provisions of Chapter 33 of the Texas Civil Practice & Remedies ...
The Jefferson Court Blog - http://texas-opinions.blogspot.com/
10 Jul 10:50 am
... law family and their interesting topics. This week Musings featured Douglas Reiser of Wolfe Law Group. Doug's post, entitled "UCC Article 9 - A "New" Collection Tool," discusses the possibility of contractors utilizing the generally regarded commercial collection tools present in the Uniform Commercial Code. The article discusses the intertwining of UCC liens and state mechanic's liens, including priorities, benefits and costs. The article ...
Brazil Construction Law - http://brazilconstructionlaw.com
3 Mar, 2008 3:02 pm by Katie Porter
... offer their thoughts on issues arising under the Uniform Commercial Code or commercial laws. The blog is off to a lively start with daily postings on all sorts of topics, including the status of Revised Article 1 of the UCC, contracts of adhesion, and ... three cases failed (and I'm in agreement with Prof. Martin about the correctness of those rulings), it's fun to think about how the UCC applies to so many ordinary transactions and to question how these doctrines hold up to shifting societal norms. ...
Credit Slips - http://www.creditslips.org/
23 Jun, 2008 3:25 pm
... Agreement Safe Harbors to Include Subordinated Notes Secured by Mortgage Loans and Limits the Application of Article 9 of the UCC (click title for link to pdf). A summary of the article: On May 23 2008, in American Home Mortgage Investment Corp. v. ... Court ruled that the "commercial reasonableness" standard of Article 9 of the New York Uniform Commercial Code did not apply to the foreclosure and liquidation of the subordinated notes subject to the repurchase agreement. Am. Home Mortgage Inv. Corp. ...
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Georgia Bankruptcy Law Blog - http://www.georgiabankruptcyblog.com/
5 Dec, 2007 6:44 am by Lawrence Solum
Gregory E. Maggs (George Washington University Law School) has posted Karl Llewellyn's Fading Imprint on the Jurisprudence of the Uniform Commercial Code on SSRN. Here is the abstract: When Karl Llewellyn directed the creation of the Uniform Commercial Code (U.C.C.), he naturally wanted to implement his jurisprudential ideas. He succeeded in giving the U.C.C. at least five important features inspired by Legal Realism. In particular, as a ...
Legal Theory Blog - http://lsolum.typepad.com/legaltheory/
5 Feb, 2008 10:07 am by Marcia Oddi
... Owners, Kenneth B. Wulf." Auto-Owners contends that Bank One violated § 405 of the Indiana Uniform Commercial Code by not exercising ordinary care when it opened Wulf's account. However, we hold that § 405 applies to opening new accounts only in circumstances not present here. * ... One. I also agree that the principal issues presented by Auto-Owners's claim under the Uniform Commercial Code are (1) whether the bank failed to exercise ordinary care in ac-cepting Wulf's checks, ...
The Indiana Law Blog - http://indianalawblog.com/
3 Jun, 2007 10:41 pm by Lawrence Solum
... fifty years ago, Grant Gilmore, the co-reporter for Article 9 of the Uniform Commercial Code, recognized the difficulties that intangible assets pose for commercial law, noting that "if you can see it, count, weigh and measure it, it exists; if you can't, it doesn't." ... as Internet domain names and assets in virtual worlds such as Second Life. Although Article 9 of the UCC was revised fairly recently, one area in which it does not adequately cover electronic assets is in ...
Legal Theory Blog - http://lsolum.typepad.com/legaltheory/
28 Feb, 2008 12:32 pm
... to the Convention on the International Sale of Goods, from the Negotiable Instruments Law to the rapidly evolving field of electronic payments law, commercial law has been and continues to be a fascinating field in which to observe the interaction of law and business. And the venerable Uniform Commercial Code remains fertile ground for the quintessentially jurisdynamic enterprise of statutory interpretation. We hope you will visit Commercial Law often ...
Jurisdynamics - http://jurisdynamics.blogspot.com
28 Feb, 2008 1:25 pm
... to the Convention on the International Sale of Goods, from the Negotiable Instruments Law to the rapidly evolving field of electronic payments law, commercial law has been and continues to be a fascinating field in which to observe the interaction of law and business. And the venerable Uniform Commercial Code remains fertile ground for the quintessentially jurisdynamic enterprise of statutory interpretation. We hope you will visit Commercial Law often ...
Agricultural Law - http://aglaw.blogspot.com
20 May 1:39 pm
... v. Gray Loon Outdoor Marketing Group, Inc., the Indiana Supreme Court held that the Uniform Commercial Code did not apply to a suit between a business enterprise and the marketing firm that ... individual has no standing to petition the court and the court must deny the petition. Ind. Code § 35-38-5-1(f)(1). The other two factors in subsection f are ... "the individual has a record of arrests other than minor traffic offenses," Ind. Code § 35-38-5-1(f)(2), and additional criminal charges are pending ...
INappeals - http://blog.binghammchale.com/blog/inappeals
5 Jan, 2007 11:17 am by Lori Bauman
... up the home, but didn't address when the buyer would become responsible for damage to it. The court turned to Article 2 of the Uniform Commercial Code, governing sale of goods, for the answer. ORS 72.5090(1)(b) states that the risk of loss passes to the ... though the home had been delivered to the buyer's lot, it had not yet been "delivered" as that term is used in the UCC. The seller had contracted to provide a home fully ready for occupancy, and until that happened there was no delivery to the ...
Oregon Business Litigation - http://www.aterwynneblog.com/oregon_business_litigatio/
5 Apr, 2007 7:10 pm by Tamara Thompson
The privacy advocates are on the warpath to close access to online images of UCC filings, state by state. Last week the Arizona Secretary of State removed the Uniform Commercial Code filing documents from the Web site after a privacy fanatic apparently claimed that the site was a place that criminals trolled for Social Security [...]
PI Buzz - http://pibuzz.com
30 Aug, 2007 9:47 am by Lori Bauman
In a sale of goods under the Uniform Commercial Code, the statements of an unidentified employee aren't sufficient to prove an express warranty, according to a case decided yesterday by the Oregon Court of Appeals. In East County ... phone that the baler would work outdoors, thereby creating an express warranty as to the machine's characteristics under the UCC. Because the identity of that employee was unknown, the buyer could not show that the employee had authority to make representations about ...
Oregon Business Litigation - http://www.aterwynneblog.com/oregon_business_litigatio/
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