BY PETER A. ALCES AND CHRIS BYRNE With the failure of the Uniform Commercial Code (U.C.C.) Article 2 Revision project, it is time to consider whether it is time for the Restatement of Contracts, Fourth. The First Restatement of Contracts, largely the work of Samuel Williston, endeavored to formulate the […]
Volume 11-2
Amended Article 2: What Went Wrong?
BY WILLIAM H. HENNING This symposium issue explores two related questions: 1) Is the current version of Article 2 of the Uniform Commercial Code (U.C.C., or Code) satisfactory for dealing with modern sales-law issues; and 2) What problems are likely to arise as a result of amended Article 2’s failure […]
Uniform Commercial Code Article 2 On Sales of Goods and the Uniform Law Process: A True Story of Good v. ?
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>
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 […]
