Uniform commercial code

by James J. White

Other authorsRobert S. Summers (Author)
Paper Book, c2022

Status

Available

Call number

KF890 .W45

LCC

KF890 .W45

ISBN

9781731922779

Barcode

2000027952

Publication

St. Paul, MN : West Group

Physical description

463 p.; 27 cm

Local notes

The Uniform Commercial Code Practitioner Treatise Series contents: Chapter 1. Article 1. I. Introduction. II. UCC purposes and policies. III. Relationship of article 1 to e-sign and UETA, section 1-108. IV. Definitions, section 1-201. V. Notice and knowledge, section 1-202. VI. Distinguishing leases from security interests, section 1-203. VII. The choice of law, section 1-301. VIII. Variation by agreement, section 1-302. IX. Course of performance, section 1-303. X. Waiver or renunciation of claim or right after breach, section 1-306. Chapter 2. Scope of article 2, and offer, acceptance, and consideration thereunder. I. Introduction. II. Definitions. III. Electronic contracts. IV. Battle of the forms under section 2-207. V. Firm offers. VI. Acceptance. VII. Contract modification, etc. Chapter 3. Statute of frauds and parol evidence rule. I. Introduction. II. Applications of the statute. III. Consequences of compliance and noncompliance. IV. Satisfying the statute of frauds. V. Procedure and remedies. VI. Evaluation. VII. Applying the stature of frauds to electronic contracts. VIII. The parole evidence rule. Chapter 4. Terms of the contract. I. Introduction. II. Terms of the contract. III. Article 2 gap-fillers. IV. Article 2 gap-fillers on delivery terms. V. Article 2 gap-fillers on duration and notice of termination. VI. Article 2 gap-fillers on payment terms. VII. Article 2 gap-fillers on price. VIII. Article 2 gap-fillers on quantity. IX. Article 2 gap-fillers and mandatory terms relating to excuse, commercial impracticability under section 2-615. X. Mandatory terms. XI. Transfer of rights and obligations. Chapter 5. Unconscionability. I. Introduction. II. Unconscionability in general. III. Substantive unconscionability. IV. Procedural unconscionability. V. Relation of procedural to substantive unconscionability. VI. Form of relief. VII. Unconscionability in commercial settings. Chapter 6. Risk of loss. I. Introduction. II. Risk of loss in the absence of breach. III. Effect of breach on risk of loss, section 2-510. IV. Asserting the rights of another. V. Forcing others (mostly insurance companies) to share a loss. Chapter 7. Buyer's remedies. I. Introduction. II. Repudiation, non-delivery, and other occasions for resort to a remedy. III. Buyer's and seller's right to cancel. IV. Cover. V. Contract-market damages, section 2-713. VI. Incidental, consequential and direct damages. VII. Liquidated damages, section 2-718. VIII. Specific performance. IX. The buyer's possible responses to repudiation, section 2-610. X. Special issues from long-term contracts. Chapter 8. Seller's remedies. I. Introduction. II. Action for the price. III. Seller's resale, section 2-706. IV. Damages for nonacceptance or repudiation, section 2-708(1). V. Lost profits, section 2-708(2). VI. Seller's rights and obligations with respect to unidentified and incomplete goods, section 2-704. VII. Seller's incidental and consequential damages, section 2-710. VIII. Seller's remedies on buyer's insolvency. IX. Applying section 2-708 to mutant sales contracts. Chapter 9. Buyer's rejection or revocation of acceptance, and seller's right to cure. I. Introduction. II. Acceptance. III. Buyer's right of rejection. IV. Buyer's right to revoke acceptance. V. Seller's right to cure. Chapter 10. Warranty. I. Introduction. II. Express warranties, section 2-313. III. Words or symbols in express warranties. IV. Basis of the bargain. V. Basis of the bargain - article 2 amendment. VI. Samples and models. VII. Implied warranty of merchantability. VIII. Merchantability defined. IX. Implied warranty - causation. X. Fitness for particular purpose, section 2-315. XI. Warranties of title and against infringement. XII. Warranties of title and against infringement - disclaimer. XIII. Remedies. XIV. Magnuson-Moss Warranty Act. Chapter 11. Damages for breach of warranty. I. Introduction. II. Damages for breach of warranty. III. Incidental damages. IV. Consequential damages. V. Economic recovery in tort. Chapter 12. Defenses to warranty actions. I. Introduction. II. Privity. III. Plaintiff's contributory behavior. IV. Statute of limitations. V. Buyer's failure to give notice. Chapter 13. Disclaimers of warranty liability. I. Introduction. II. Disclaimers of express warranties. III. Conflict within written agreement. IV. MOral warranties. V. Explicit disclaimers. VI. Other methods of disclaiming warranties. VII. Conflict of warranties. VIII. Modification or limitation of remedies. IX. Failure of stipulated remedy. X. Unconscionability limitation of remedy. XI. Modification of remedies. Chapter 14. Principles of the law of software contracts. Volume 2. Chapter 15. Leases under article 2A. I. Introduction. II. Finance leases. III. Consumer leases. IV. Summary. Chapter 16. Remedies and priorities under article 2A. I. Introduction. II. Lessee's remedies. III. Lessor's remedies. IV. Remedy limitations, disclaimers, agreed remedies, and the like. V. Priorities under article 2A. Chapter 17. The negotiable instrument. I. Introduction. II. Revisions to article 3. III. Liability of principles and agents on negotiable instruments: rules, symbols, and proof. IV. Basic liabilities of the parties. V. Restrictive and qualified indorsements. VI. Presentment, notice of dishonor, and protest. VII. Liability of accommodation parties. VIII. Suretyship defenses. IX. Discharge and suspension. X. Accord and satisfaction. XI. Statute mof limitations. Chapter 18. The holder in due course. I. Introduction. II. Elements of holder in due course. III. Rights of a holder in due course. IV. Federal law. Chapter 19. Basic liability arising from stolen instruments and forged signatures; negligence. I. Introduction. II. Drawee's liability for paying instruments that are not properly payable, section 4-401. III. Conversion. IV. Warranty. V. Negligence. VI. Imposters, ET AL., sections 3-304 and 3-405. VII. Breach of fiduciary duty, section 3-307. VIII. Duty to read statements and reports. Chapter 20. NSF checks, documentary drafts, and forges checks: liability of payors and of collecting banks, final payment, delay. I. Introduction. II. Final payment. III. Federal regulation. IV. Collecting banks and documentary drafts. Chapter 21. The payor bank and its customer. I. Introduction. II. Right to charge customer's account. III. Wrongful dishonor and stop payment. Volume 3. Chapter 22. Article 4A: funds transfer introduction and scope. I. Introduction. II. Scope. III. Preemption, claims to funds in transit, and effect of deposit agreements. Chapter 23 - Finality and other completion of a funds transfer. I. Introduction. II. Acceptance. III. Rejection, cancellation, and final payment of payment orders. IV. Discharge and excuse. V. Debit transfers. Chapter 24. Erroneous and fraudulent transactions. Chapter 25. Remedies under article 4A. Restitution of amounts paid by mistake. II. Damages. Contents continued...........

Description

Provides law students with an in-depth introduction to the UCC without burdening them with unnecessary detail. Citations have been used to enable the reader to understand the kinds of cases that might be presented under particular provisions of the Code. The chapters on Article 9 have been completely rewritten to deal only with revised Article 9 (1999). Similar revisions have been made to the chapter on Article 5 (1996 revision) and to other parts of the book to account for other Code amendments.

Language

Collection

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