A few comments about the proposed revisions to UCC section 2-207: the battle of the forms taken to the limit of reason

Article Abstract:

Uniform Commercial Code section 2-207, created during the 1950s, was written to clarify the legal nature of a sale of tangible goods whose transaction was marked by an exchange of forms as well as money. Forms include purchase order, invoice, and terms of sale. Legal questions surrounded whether an agreement to buy was a contract or a counter offer and how terms written in fine print apply to a transaction mostly concerned with type of good and price. Forty years of code revision has done little to clarify such matters as consumer protection and product warranty.

United States, Sales & Orders, Sales

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Estoppel and Section 2-201 of the Uniform Commercial Code

Article Abstract:

The Uniform Commercial Code needs to be amended to allow the application of estoppel, as addressed in Section 1-103, to Section 2-201. Most courts support the application of estoppel in Section 2-201, but some do not, claiming that doing so might allow remedies in cases involving a simple refusal to honor an oral agreement. Amending the code to allow estoppel for Section 2-201 would create more uniform interpretations by the courts and increase the Code's uniformity.

Fraud, Estoppel

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An analysis of surety discharge under Uniform Commercial Code section 3-605

Article Abstract:

The author discusses the common law of surety and U.C.C. section 3-605 surety discharge with specificity. A discussion of surety defenses is included.

States, Extinguishment of debts, Debt cancellation, Suretyship and guaranty, Guarantees, Sureties

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