BY FRED H. MILLER The topic announced for this spring 2009 issue is: will the current version of U.C.C. Article 2 be satisfactory to deal with modern issues in American law? What specific problems do we see arising because of the failure to adopt a new revision?. Continue Reading>
Articles by: Business Law Journal
Incorporating the Doctrine of Reasonable Expectations in Article 2
BY SCOTT J. BURNHAM The greatest problem facing modern contract law is how to deal with the contract of adhesion. By definition, such a contract is prepared in advance of the transaction by the party with greater bargaining power, who then offers it to the other party on a take […]
U.C.C. Article 2 Express Warranties and Disclaimers In the Twenty-First Century
BY ROBERT A. HILLMAN This symposium addresses whether current U.C.C. Article 2 governing the sale of goods can successfully resolve issues presented by our twentyfirst century world. This is a tough question. On the one hand, Article 2 includes many flexible standards such as good faith and commercial reasonableness and […]
An Effective Article 2 of the Uniform Commercial Code: Who is Responsible?
BY JOHN E. MURRAY, JR. The articles in this issue of the Duquesne Business Law Journal present a spectrum of views by distinguished scholars over the plight of the keystone of commercial law reflected in Article 2 of the Uniform Commercial Code (“U.C.C.”). More than two decades ago, a decision […]
Amended U.C.C. Article 2 as Code Commentary
BY DAVID FRISCH Has it really been twenty-two years since Geoffrey C. Hazard, then director of the American Law Institute, asked Professors Charles W. Mooney and Richard E. Speidel to investigate the need to update Article 2 of the Uniform Commercial Code (U.C.C.)? As a result of their preliminary study, […]
Application of the U.C.C. to Nonpayment Virtual Assets or Digital Art
BY SARAH HOWARD JENKINS Innovative business practices, novel modes of ordering commercial relationships, and neoteric commercial behavior which deviate from established patterns are challenging the application of existing legal rules and principles to modern day disputes. Yet, wholesale disregard for existing legal principles is often unnecessary as the recent expansion […]
