Problems and Materials on Commercial Law 12th Edition By Douglas Whaley, Stephen McJohn
eBook[PDF]

Problems and Materials on Commercial Law 12th Edition By Douglas Whaley, Stephen McJohn

$30.00
✓ Secure checkout
✓ Instant digital download
✓ PDF document

Document details

Pages
2,328
File size
19.36 MB
Format
Digital PDF
Course
Law
Category
eBook[PDF]
About this ebook
Problems and Materials on Commercial Law (12th Edition) by Douglas Whaley and Stephen McJohn provides an intensive, problem-based approach to the fundamental principles of commercial transactions. [1, 2]
The textbook is structurally organized around the Uniform Commercial Code (UCC) and comprehensively covers the following core legal areas and topics: [1]
1. Sales and Leases (UCC Articles 2 and 2A)
This section details the contractual agreements governing the transfer of goods. [1]
    • Scope of Article 2: Defining "goods" vs. services; the hybrid contract problem; determining whether e-commerce platforms (like Amazon) qualify as sellers or distributors. [1, 2]
    • Contract Formation: Offer and acceptance; the Battle of the Forms (UCC § 2-207); the Statute of Frauds; expanded analysis of boilerplate clauses. [1, 2]
    • Warranties: Express warranties; implied warranty of merchantability; implied warranty of fitness for a particular purpose; exclusions, disclaimers, and privity. [1]
    • Terms of the Contract: Unconscionability; risk of loss rules in shipment and destination contracts.
    • Performance and Breach: Right to inspection; rejection of goods; revocation of acceptance; cure; installment contracts.
    • Remedies: Seller's remedies (resale, damages, action for the price); Buyer's remedies (cover, market-contract differential, specific performance).
2. Payment Systems (UCC Articles 3, 4, 4A, and Related Federal Law)
This area covers the legalities of negotiable instruments and banking operations. [1, 2]
    • Negotiability and Holders in Due Course: Requirements for an instrument to be negotiable; the shield of the Holder in Due Course (HDC) doctrine; real vs. personal defenses.
    • Liability of Parties: Underlying obligations; signature liability (drawers, makers, indorsers); warranty liability (transfer and presentment warranties).
    • Bank-Customer Relationships: The bank’s duty to pay properly payable checks; wrongful dishonor; stop payment orders; overdraft fee analysis.
    • Forgery and Alterations: Allocation of loss under the bank-customer rules; negligence rule; impostor and fictitious payee rules.
    • Modern Payment Rules: Check imaging, electronic check conversion, and modern check collection pathways.
    • Electronic Fund Transfers: Scope of the Electronic Fund Transfer Act (EFTA); wire transfers (UCC Article 4A); unauthorized card use and bank liabilities. [, 3, 4]
3. Secured Transactions (UCC Article 9)
This portion deals with transactions where personal property is pledged as collateral to secure a debt. [1, 2]
  • Scope and Attachment: Identifying transactions falling under Article 9; leases disguised as secured sales; security agreements; the attachment of a security interest.
  • Perfection of Security Interests: Financing statements (Form UCC-1); online filing system operations; possession, control, and automatic perfection mechanisms.
  • Debtor and Collateral Tracking: Handling name errors on financing statements; generic vs. specific collateral descriptions; credit card receivables as accounts.
  • Emerging and Specialized Collateral: Legal parameters of using Bitcoin and digital assets as collateral; consignments of high-value artwork.
  • Priority Disputes: Priorities among unperfected, perfected, and judicial lien creditors; Purchase Money Security Interests (PMSI) in inventory and equipment; fixture priorities (such as industrial manufacturing robots).
  • Default and Foreclosure: Repossession guidelines (breach of peace standard); commercially reasonable foreclosure sales; deficiency judgments; predatory auto lending rules. [, 2, 3]

File included

PDF
tmpphpF9QrtE 19.36 MB

Topics

Bank-Customer Relationships Contract Formation: Offer and acceptance Debtor and Collateral Tracking Default and Foreclosure: Repossession guidelines e-commerce platforms (like Amazon) qualify as sellers or distributors electronic check conversion Electronic Fund Transfers Emerging and Specialized Collateral Forgery and Alterations: Allocation of loss under the bank-customer rules Liability of Parties: Underlying obligations; signature liability Modern Payment Rules: Check imaging Negotiability and Holders in Due Course Perfection of Security Interests Performance and Breach: Right to inspection Priority Disputes: Priorities among unperfected perfected Sales and Leases (UCC Articles 2 and 2A) Scope and Attachment: Identifying transactions Scope of Article 2: Defining "goods" vs. services; the hybrid contract problem; Secured Transactions (UCC Article 9) Terms of the Contract: Unconscionability; risk of loss rules Warranties: Express warranties; implied warranty of merchantability;
Related ebooks