Problems and Materials on Commercial Law: [Connected eBook with Study Center]

by Douglas J. Whaley, Stephen M. McJohn

Overview

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Clear, lucid, and extremely accessible, Problems and Materials on Commercial Law helps students understand black letter law and the statutory language in the Uniform Commercial Code. Concise yet comprehensive coverage includes the most recent case and statutory developments in all fundamental areas of Commercial Law, including sales, payment systems, and secured transactions. A sensible, flexible organization follows the order of UCC Articles 2, 3, 4, and 9, and is adaptable to many teaching styles. Drawing on experience in both teaching and writing, the authors provide thorough and practical coverage using a popular problems approach. The text’s effective format, manageable length, and inclusion of the most important cases make Problems and Materials on Commercial Law concise and efficient.

New to the Twelfth Edition:

• New/expanded Problems throughout
• Updates on the fundamental areas of commercial law
• Sales:
  • New cases in most chapters examining hot topics
  • Expanded discussion of boilerplate clauses
  • Updated discussion of Restatement 3d changes to strict product liability standards
  • Examines whether Amazon is a seller of products or merely a distributor
• Payment:
  • Updated rules on check imaging and collection are covered in some detail
  • New cases, including DZ Bank AG Deutche Zentral-Genossenschaftsbank v. McCranie; Majestic Building Maintenance, Inc. v. Huntington Bancshares Inc.; Wesseling v. Brackmann; Auto Sision, Inc. v. Wells Fargo; Peter E. Shapiro P.A. v. Wells Fargo Bank, N.A.; Knop v. Knop; and Cheatham I.R.A. v. Huntington National Bank
  • Discussion of problems with accepting cashiers checks as payment
  • Expanded coverage of electronic payment issues, such as duplicate deposit by phone and errors in wire transfers
• Secured Transactions:
  • New cases, including Clark v. Missouri Lottery; BMW Financial Services, N.A. v. Felice; In re: Motors Liquidation Co.; Dr. Sena Yaddehige v. Xpert Technologies; and Hutzenbiler v. RJC Investment
  • New materials on such issues as consignments of artworks; leases distinguished from secured sales; Bitcoin as collateral; credit card receivables as accounts; name errors in financing statements; effectiveness of collateral descriptions; online filing of financing statements; bogus UCC filings; whether manufacturing robots are fixtures; certificate of title goods; and predatory auto lending practices

Professors and student will benefit from:

• Effective format that makes black letter law accessible and helps students understand statutory language
• Sensible organization that is adaptable to many teaching styles
• Thorough and up-to-date—covers the latest changes in (and cases relating to) U.C.C. Articles 2, 3, 4, and 9, as well as other relevant laws and cases
• Popular problems-based approach
• Distinguished authorship—draws on experience in both teaching and writing
• Manageable length
• Concise and lucid text
• The most important cases related to commercial law

Product Details

ISBN-13:	9781543825909
Publisher:	Wolters Kluwer Law & Business
Publication date:	02/08/2021
Series:	Aspen Casebook Series
Edition description:	Twelfth Edition
Pages:	1600
Product dimensions:	7.38(w) x 10.00(h) x (d)

Table of Contents

Table of Contents

Preface

PART ONE SALE AND LEASE OF GOODS

Chapter 1: Basic Concepts

I. Introduction

II. Scope of Article

III. Scope of Article 2A

IV. International Sales

Chapter 2: Contract Formation

I. The Statute of Frauds

II. The Parol Evidence Rule

III. Offer and Acceptance

Chapter 3: Warranties

I. The Warranty of Title

II. Warranties of Quality

Chapter 4: Terms of the Contract

I. Filling in the Gaps

II. Unconscionability

III. Identification of the Goods

IV. Risk of Loss: No Breach

Chapter 5: Performance of the Contract

I. Installment Sales

II. The Perfect Tender Rule

III. Cure

IV. Rejection and Acceptance

V. Revocation of Acceptance

VI. Risk of Loss: Breach

VII. Impossibility of Performance

Chapter 6: Remedies

I. Special Remedies

II. Seller’ s Remedies

III. Buyer’ s Remedies

IV. Anticipatory Repudiation

V. The Statute of Limitations

PART TWO PAYMENT

Chapter 7: Negotiability

I. Introduction

II. Types of Negotiable Instruments

III. The Negotiability Concept

Chapter 8: Negotiation

I. Some Technical Terms

II. Transfer and Negotiation

III. Special and Blank Indorsement

IV. Forgery of the Payee’ s Name

Chapter 9: Holders in Due Course

I. Acquiring Holder in Due Course Status

II. Real and Personal Defenses/Claims

Chapter 10: The Nature of Liability

I. The Underlying Obligation

II. Liability on the Instrument

III. Other Theories of Liability

Chapter 11: Banks and Their Customers

I. The Checking Account

II. Bank Collection

III. Priorities in the Bank Account: The FourLegals

Chapter 12: Wrongdoing and Error

I. Forgery of the Payee’ s Name

II. Forgery of the Drawer’ s Name

III. Validation of the Forgery

IV. Alteration

Chapter 13: Electronic Banking

I. The Electronic Fund Transfer

II. Wire Transfers

Chapter 14: Investment Securities

I. Terminology

II. Overissue

III. The Issuer and the Holder

IV. Transfers Between Purchasers

V. Registration

PART THREE PAYMENT IN DOCUMENTED SALES

Chapter 15: Documents of Title

I. Warehouse Receipts

II. Bills of Lading

III. Due Negotiation

IV. Collection Through Banks

Chapter 16: Letters of Credit

I. The Basic Problem

II. Definitions and Scope of Article 5

III. The Issuer-Duties and Rights

PART FOUR SECURED TRANSACTIONS

Chapter 17: Introduction to Secured Transactions

I. Bankruptcy

II. Pre-code Security Devices

Chapter 18: The Scope of Article 9

I. Security Interest Defined

II. Consignments

III. Leases

IV. Other Transactions

V. Exclusions from Article 9

Chapter 19: The Creation of a Security Interest

I. Classifying the Collateral

II. Technical Validity of the Forms

III. Attachment of the Security Interest

Chapter 20: Perfection of the Security Interest

I. Perfection by Possession (Pledge)

II. Automatic Perfection

III. Perfection by Filing

IV. Perfection by Control

Chapter 21: Multi-State Transactions

I. General Choice of Law Rules

II. Certificates of Title

Chapter 22: Priority

I. Simple Disputes

II. Purchase Money Security Interests

III. Control and Priority

IV. Buyers

V. Leases

VI. Article 2 Claimants

VII. Statutory Lien Holders

VIII. Fixtures

IX. Accessions and Commingling

X. Federal Priorities for Debts and Taxes

Chapter 23: Bankruptcy and Article 9

I. The Trustee’ s Status

II. Preferences

III. The Floating Lien in Bankruptcy

IV. Fraudulent Conveyances

V. Non-Consensual Liens and the Trustee

Chapter 24: Proceeds

I. The Meaning of Proceeds

II. Priorities in Proceeds

Chapter 25: Default

I. Pre-Default Duties of the Secured Party

II. Default

III. Repossession and Resale

IV. Redemption and Strict Foreclosure

Table of Cases

Table of Statutes

Index