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Understanding Sales and Leases of Goods

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ISBN: 9781632809575
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This Understanding treatise offers a concise, yet comprehensive survey and analysis of the legal principles that affect the law governing sales and leases of goods. Clearly written and logically organized, this book presents an integrated treatment of Articles 2 and 2A of the Uniform Commercial Code. The primary focus of Understanding Sales and Leases of Goods is on sales, with material addressing lease transactions woven into the text at appropriate points. Beyond the treatment in the text, footnotes provide additional examples and internal cross-references making the book easy to use.

Among the many significant changes to the Second Edition of Understanding Sales and Leases of Goods are:

•  A section in each chapter summarizing the relevant provisions of amended Articles 2 and 2A;
•  A section in each chapter summarizing the relevant provisions of the CISG;
•  Expanded coverage of issues relating to the scope of Articles 2 and 2A, including scope as it relates to products that combine goods and computer programs;
•  With regard to warranty rights, expanded coverage of the Magnuson-Moss Act, federal preemption, and state consumer-protection laws;
•  Expanded coverage of third-party rights, including voidable title, entrustment, and assignment and delegation; and
•  Coverage of issues related to electronic contracting, including the effects of the Uniform Electronic Transactions Act and the federal E-Sign legislation.

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Table of Contents

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Chapter 1 HISTORY AND SCOPE OF ARTICLES 2 AND 2A
1.01 BRIEF HISTORY OF COMMERCIAL LAW PRIOR TO THE UNIFORM COMMERCIAL CODE
1.02 THE PROMULGATION OF ARTICLES 2 AND 2A
1.03 SCOPE OF ARTICLE 2 [2-102]
1.04 SCOPE OF ARTICLE 2A [2A-102]
1.05 SUPPLEMENTATION BY PRINCIPLES OF LAW AND EQUITY
1.06 AMENDED ARTICLE 2
1.07 CISG

Chapter 2 THE AGREEMENT PROCESS
2.01 AN OVERVIEW OF CONTRACT FORMATION UNDER THE CODE [2- 204; 2A-204]
2.02 ACCEPTANCE [2-206; 2A-206]
2.03 FIRM OFFERS [2-205; 2A-205]
2.04 THE BATTLE OF THE FORMS [2-207]
2.05 TERMS FIRST DISCLOSED AFTER PAYMENT
2.06 ELECTRONIC CONTRACTING
2.07 MODIFICATION [2-209; 2A-208]
2.08 AMENDED ARTICLE 2

Chapter 3 THE REQUIREMENT OF A WRITING
3.01 THE STATUTE OF FRAUDS: A BRIEF HISTORY
3.02 SPECIFIC STATUTE-OF-FRAUDS PROVISIONS [2-201(1); 2A-201(1)]
3.03 THE WRITTEN-CONFIRMATION STATUTORY EXCEPTION [2-201(2)]
3.04 OTHER STATUTORY EXCEPTIONS [2-201(3); 2A-201(4)]
3.05 NONSTATUTORY EXCEPTIONS: EQUITABLE AND PROMISSORY ESTOPPEL
3.06 MODIFICATIONS AND THE STATUTE OF FRAUDS
3.07 AMENDED ARTICLE 2
3.08 CISG

Chapter 4 CONTRACT TERMS
4.01 INTRODUCTION
4.02 THE PAROL EVIDENCE RULE [2-202; 2A-202]
4.03 USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE [1-303]
4.04 GAP-FILLERS .
4.06 AMENDED ARTICLE 2

Chapter 5 WARRANTY
5.04 MODIFICATION OR IMPAIRMENT OF RIGHTS AND REMEDIES [2- 719; 2A-503]
5.05 DEFENSES BASED ON THE CLAIMANT?S CONDUCT
5.06 PRIVITY
5.07 THE STATUTE OF LIMITATIONS [2-725; 2A-506]
5.08 THE ECONOMIC-LOSS DOCTRINE
5.09 OTHER LAWS
5.11 CISG

Chapter 6 RISK OF LOSS
6.01 INTRODUCTION
6.02 SALES
6.03 LEASES
6.04 AMENDED ARTICLE 2
6.05 CISG

Chapter 7 PERFORMANCE AND BREACH
7.01 OBLIGATIONS OF THE PARTIES GENERALLY [2-301]
7.02 OVERVIEW OF ACCEPTANCE, REJECTION, AND REVOCATION OF ACCEPTANCE
7.03 ACCEPTANCE
7.04 REJECTION
7.05 REVOCATION OF ACCEPTANCE [2-608; 2A-517]
7.06 WHAT CONSTITUTES BREACH
7.07 PROSPECTIVE IMPAIRMENT OF EXPECTATIONS
7.08 EXCUSE
7.09 AMENDED ARTICLE 2
7.10 CISG

Chapter 8 REMEDIES OF BUYERS AND LESSEES
8.01 GENERAL
8.02 MONETARY REMEDIES
8.03 NONMONETARY REMEDIES
8.04 AMENDED ARTICLE 2
8.05 CISG

Chapter 9 REMEDIES OF SELLERS AND LESSORS
9.02 CONTRACT PRICE/MARKET PRICE DIFFERENTIAL [ 2-708(1); 2A-528(1)]
9.03 LOST PROFITS [2-708(2); 2A-528(2)]
9.04 ACTION FOR PRICE OR RENT [2-709; 2A-529]
9.05 INCIDENTAL DAMAGES [2-710; 2A-530]
9.06 INJURY TO LESSOR?S RESIDUAL INTEREST [2A-532]
9.07 LIQUIDATED DAMAGES
9.08 NON-MONETARY REMEDIES
9.09 AMENDED ARTICLE 2
9.10 CISG

Chapter 10 THIRD-PARTY INTERESTS
10.01 RIGHTS OF THIRD PERSONS BASED ON PRIORITY RULES
10.02 ASSIGNMENT AND DELEGATION
10.03 AMENDED ARTICLE 2

Table of Cases
Table of Statutes
Index