Stone and Adams’ Uniform Commercial Code in a Nutshell 8th Edition by Stone, Bradford, Adams, Kristen – Ebook PDF Instant Download/Delivery: 1628106255, 9781628106251
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ISBN 10: 1628106255
ISBN 13: 9781628106251
Author: Stone, Bradford, Adams, Kristen
This nutshell provides a concise but comprehensive introduction to the Uniform Commercial Code for students and practitioners alike. It not only covers each major topic of the Code, including the process of selling, payment, negotiation, shipping, storage, financing sales, and leasing of goods, but also makes it possible for readers to see how the various Articles of the Code may interact in a single transaction. Wherever practicable, the actual language of the Code and its comments has been used. The comprehensive outline, thorough references to relevant authority, and intuitive system of cross-referencing contribute to its ease of use. The 8th edition contains the 2010 Amendments to Article 9, with an effective date of July 1, 2013.
Stone and Adams’ Uniform Commercial Code in a Nutshell 8th Table of contents:
PART ONE. THE PROCESS OF SELLING GOODS
A. Scope of Article 2
B. The Contract for Sale
1. Formation of the Sales Contract—Mutual Assent
2. The Requirement of Consideration
3. Form of the Contract
4. Terms and Interpretation of the Sales Contract
5. Parol Evidence Rule
6. Assignment of Rights and Delegation of Performance Under the Contract
7. Checklist of Items to Be Included in Contracts for the Sale of Goods
C. Property Incidents of the Sales Contract
1. Title
2. Special Property
3. Insurable Interest
4. Security Interest
5. Risk of Loss
D. Seller’s Warranty Obligations
1. Warranty of Title
2. Warranties of Quality
3. Cumulation and Conflict of Warranties
4. Defenses to Warranty Actions
5. Exclusion or Modification of Warranties
6. Limitation of Remedies for Breach of Warranty
7. Beneficiaries of Warranties
E. Performance of the Sales Contract
1. General Rights and Obligations of Sellers and Buyers
2. Seller’s Obligation to Deliver Goods
3. Buyer’s Obligation to Accept Goods
4. Buyer’s Obligation to Pay for Goods
5. Buyer’s Right to Inspect Goods
6. Buyer’s Rights on Improper Delivery
7. Buyer’s Rights and Obligations When One or More Nonconforming Installments Are Delivered Under Installment Contract
8. Seller’s Right to Cure
9. Dispute as to Quality of Goods: Preserving Evidence
10. Excuse of Performance
F. Remedies
1. Remedies Generally
2. Seller’s Remedies
3. Buyer’s Remedies
4. Remedy Principles Applicable to Sellers and Buyers
G. Rights of Third Parties—Purchasers From, and Creditors of, Seller and Buyer
1. Purchasers From Buyer
2. Creditors of Buyer
3. Purchasers From Seller
4. Creditors of Seller
5. Rights of Third Parties Found Elsewhere in the UCC
H. Bulk Sales
I. Sale of Investment Securities
PART TWO. THE PROCESS OF LEASING GOODS
A. Scope of Article 2A
B. The Lease Contract
1. Formation of a Lease Contract
2. The Requirement of Consideration
3. Form of the Lease Contract
4. Terms, Construction, and Interpretation
5. Parol Evidence Rule
C. Property Incidents of the Lease Contract
1. Title to and Possession of Goods
2. Special Property
3. Insurable Interest
4. Security Interest
5. Risk of Loss
D. Lessor’s Warranty Obligations
1. Express Warranties
2. Warranties Against Interference and Infringement
3. Implied Warranty of Merchantability
4. Implied Warranty of Fitness for Particular Purpose
5. Cumulation and Conflict of Warranties
6. Defenses to Warranty Actions
7. Exclusion or Modification of Warranties
8. Limitation of Remedies for Breach of Warranty
9. Third–Party Beneficiaries of Warranties (Privity)
10. Warranties, etc., Under Finance Lease
E. Repudiation, Substituted Performance, and Excused Performance of a Lease Contract
1. Repudiation
2. Substituted Performance
3. Excused Performance
4. Irrevocable Promises: Finance Leases
F. Effect of Lease Contract
1. Validity and Enforceability
2. Priority of Various Claims to Goods
G. Default
1. Default Procedure
2. Default Provisions Applicable to Lessors and Lessees
3. Lessor’s Default
4. Lessee’s Default
PART THREE. THE PROCESS OF PAYING FOR GOODS WITH NEGOTIABLE INSTRUMENTS
A. Introduction to Negotiable Instruments
B. The Negotiability Concept—Rights of Takers of Negotiable Instruments
1. Introduction to Negotiability
2. Effectiveness of Defenses and Claims in Recoupment Against Subsequent Takers of Instruments
3. Effectiveness of Claims to a Negotiable Instrument as Against a Subsequent Taker
4. Jus Tertii—Claims and Defenses of Third Persons
5. Electronic Notes
C. Liabilities of Parties: Contract, Warranty, Tort
1. Liability on an Instrument
2. Obligation of Maker of Note or Issuer of Cashier’s Check
3. Obligation of Drawer of Draft or Indorser of Instrument
4. Liability of Transferors—Transfer Warranties
5. Liability of Drawee and Acceptor
6. Obligation of Accommodation Party
7. Accrual of Cause of Action and Statute of Limitations
8. Discharge of Obligations
9. Effect of Instrument on Underlying Obligation
10. Lost, Destroyed, or Stolen Instruments
D. The Relationship Between a Payor Bank and Its Customer
1. Factual Setting
2. Rightful vs. Wrongful Payment
3. Wrongful Dishonor
E. The Bank Collection Process
1. The Process Described
2. Status of Collecting Bank as Agent
3. Rights, Obligations, and Responsibilities of Collecting Banks
4. Final Payment of Item by Payor Bank
5. Priorities in Customer’s Account—When Items are Subject To (1) Notice, (2) Stop–Payment Order, (3) Legal Process, or (4) Setoff
6. Priorities in Customer’s Account—Order in Which Items May Be Charged or Certified
F. Finality of Payment or Acceptance (1) By Mistake or (2) In Good Faith—Relationship Between Payor or Acceptor and Presenter
1. Finality of Payment
2. Finality of Acceptance
3. Warrantor/Presenter as Beneficiary of Drawee/Payor’s Rights Against Drawer
4. Encoding and Retention Warranties
G. Review of Liability for Altered and Forged Instruments
1. Altered Instrument
2. Forged Drawer’s Signature
3. Forged Indorsement
H. Investment Securities as Negotiable Instruments
I. Funds Transfers
PART FOUR. SHIPPING AND STORING GOODS COVERED BY DOCUMENTS OF TITLE
A. Introduction
B. Bailee’s Delivery Obligation: The Document as a Symbol or Representative of Goods
C. Obligation of Bailee–Warehouse to Keep the Goods Covered by Each Warehouse Receipt Separate
D. Negotiation and Transfer of Documents of Title
1. Introduction
2. Negotiation of Warehouse Receipts and Bills of Lading by “Due Negotiation”
3. Transfer in the Absence of “Due Negotiation”
4. Obligations of Indorsers and Persons Who Negotiate or Deliver Documents
E. Situations Excusing Delivery to a “Person Entitled Under the Document”
F. Nonreceipt or Misdescription of Goods
G. Forged or Altered Documents
PART FIVE. FINANCING THE SALE OF GOODS: THE SECURED TRANSACTION
A. Fundamentals of a Secured Transaction
B. Pre-Code Personal Property Security Law
C. Secured Transactions Under UCC Article 9
1. Purpose and Policy of UCC Article 9
2. Applicability of Ucc Article 9
3. Requisites to an Enforceable Security Interest
4. Requisites to Protection of Secured Party Against Third-Party Claims—Perfection of a Security Interest
5. Priorities Among Conflicting Interests in the Same Collateral
6. Perfection and Priority for Multiple State Transactions
7. Rights and Duties of Debtor, Secured Party, and Interested Third Parties—Before Default
8. Rights and Duties of Debtor, Secured Party, and Interested Third Parties—After Default
PART SIX. THE ENTIRE TRANSACTION MADE PURSUANT TO A LETTER OF CREDIT
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