Symposium

Consumer Protection and the Uniform Commercial Code

Jean Braucher
The Symposium’s authors include participants in the drafting process, some of whom defend it and its products and some of whom are more critical, as well as nonparticipants who can view the consumer proposals with more detachment. Most of the authors, as well as the law review’s editors, have had to struggle with the task of evaluating moving targets, as draft upon draft in each project produced changes large and…
Symposium

Express Warranty Liability of Remote Sellers: One Purchase, Two Relationships

Donald F. Clifford
After exploring some history in Part II, I turn in Parts III and IV to materials that illuminate the kinds and nature of relationships that may exist between buyers and remote sellers and point out in Part V that the new drafts do not cover all the bases. In Part VI, I consider the change in marketing practices that necessitate new responses. In Part VII, I briefly discuss developments in…
Symposium

Consumer Contracts and European Community Law

Andreas P. Reindl
The purpose of this Article is to complement the Symposium’s discussion of UCC-specific consumer protection issues with an overview of recent consumer protection developments in the European Community.
Symposium

The Repo Code: A Study of Adjustment to Uncertainty in Commercial Law

Jean Braucher
This Article challenges the conventional wisdom about the routine importance of certainty in commercial law through the exploration of one example-the law of self-help repossession.
Symposium

Deficient Treatment of Deficiency Claims: Gilmore Would Have Repented

Donald J. Rapson
Part I of this Article examines the fair value rule in the context of Gilmore’s perception of the commercial reasonableness concept. Part II discusses the reaction to, and progress of, the fair value proposal in the Article 9 Drafing Committee.
Symposium

Implied Warranty, Products Liability, and the Boundary Between Contract and Tort

Jay M. Feinman
An unusual type of products liability case raises the issue of whether an injured consumer can recover for breach of an implied warranty of merchantability under the Uniform Commercial Code when the product that causes the injury is not defective under the tort rules governing products liability. Only a small number of cases fit this pattern, because in the overwhelming majority of cases a product that is unmerchantable-that is, not…
Symposium

Manufacturers’ Warranties of Consumer Goods

Curtis R. Reitz
The market background for this Article is the matter of the warranties that manufacturers of consumer goods make to those who buy those goods from retail dealers. Is this a matter on which UCC Article 2 can be useful in facilitating the achievement of objectives that are common to consumers and manufacturers? Is this a matter on which assessment of the existing balance of the interests of consumers and manufacturers…
Symposium

The Code, the Consumer, and the Institutional Structure of the Common Law

Edward L. Rubin
This Article argues that the enforcement mechanism that was unthinkingly embodied in the UCC severely disadvantages consumers in their effort to obtain the legal remedies that the UCC itself provides.
Symposium

Form Contracts Under Revised Article 2

James J. White
Consider the Arizona cases with due recognition of the fact that they are interpreting section 211(3) of the Restatement, and not Revised 2-206(a), and with the understanding that the sample consists of twenty-five cases, only seven of which come from the Arizona Supreme Court led by a powerful Justice who had a clear vision about the evils of form contracts. Understand too that most of them involve insurance disputes. Although…
Symposium

The Role of Assent in Article 2 and Article 9

Michael M. Greenfield
After briefly reviewing the history of consumer protection in the UCC and its revisions, this Article analyzes the approaches of proposed revisions to Articles 2 and 9 with a focus on the assent necessary for apparent agreement to become binding on consumers in sales and secured transactions.
Symposium

“Sale” of Law and Forum and the Widening Gulf Between “Consumer” and “Nonconsumer” Contracts in the UCC

William J. Woodward Jr.
My main purpose here is to to suggest caution in the ready embrace of consumer protection as an appropriate cure to all the ills of the contracting process.
Symposium

Substance Abuse at UCC Drafting Sessions

Norman I. Silber
Symposium

Comments at 1997 AALS Annual Meeting: Consumer Protection and the Uniform Commercial Code

James J. White
I want to talk about the revision process. My comments are based on my anecdotal observation; I focus on Articles 2 and 9. It is unclear to me whether the NCCUSL process is up to the task of revising Articles 2 and 9 right now.
Symposium

Consumers and the Code: The Search for the Proper Formula

Fred H. Miller
Symposium

The Uniform Commercial Code Drafting Process: Will Articles 2, 2B and 9 Be Fair to Consumers?

Gail Hillebrand
Part II examines the structural barriers to full and effective consideration of the impact of revisions to the UCC on consumers. Part I identifies some of the changes in law being made in the drafts of Articles 2, 2B, and 9 and the possible impacts on consumers because of those changes. Part IV describes the types of nonuniform amendments state legislatures have made to Articles 3 and 4.
Recent Development

Title III of the Violence Against Women Act: Constitutionally Safe and Sound

Carolyn Peri Weiss