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Questions tagged [ucc]

Uniform Commercial Code

From this canonical answer: The Uniform Commercial Code is a law governing personal property security interests (i.e. mortgages in personal property). In other words, it governs using personal property as collateral for loans.

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Can I viably sue for damages caused by bugs in freeware?

Freeware is software released free of charge. Often times freeware is written by a hobbyist or academic who is looking to create a tool for their field, but is either not interested in profit or thinks that profit is not viable. I know that in some…
Daniel Goldman
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Are (new) parts purchased from or replaced by the original manufacturer subject to protections under lemon laws as a new product?

Say, you purchase a passenger vehicle with some of the original warranty given by the manufacturer remaining. Knowing the typical issues with the vehicle, you decide to buy some spare parts — each new, from the manufacturer as OEM. Are they, each on…
HJay
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Online version of most up-to-date UCC?

Is there an online version of the most up to date Uniform Commercial Code? I'd prefer a free copy but would be happy with any electronic copy.
sunny
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Merchantability of low quality video games & UCC 2-315

For the purposes of this question, let's assume an online retailer who sells digitally distributed video games, based in California, selling to a consumer in New York. The NY based consumer is using a Windows PC that is not unusual in its hardware…
Sean
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When is payment by a mailed check made?

A contract is executed between two Indiana LLCs which obligates the payor to "pay $100 on the 1st of each month" in exchange for goods/services. No other terms are given. Payor mails a check on the first, and Payee contests that if Payor is to pay…
Mitch
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When two promissory notes represent the same debt, which one is legally valid?

An application was completed for a FFEL guaranteed student loan consolidation including a signature on the bottom, promissory note section. The guarantee company insisted a second, computer generated full promissory note be signed. I assumed they…
Susan
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Are there any law casebooks that cover UCC Articles 5, 6, and 7?

I am aware of casebooks that cover UCC Article 2, 2A (Sales + Leases); UCC Article 9 (Secured Transactions); UCC Articles 3, 4, and 4A (Payment Systems). I presume UCC 8 is covered by Securities Law. However, I cannot find law casebooks that cover…
chromazene
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How does Nevada interpret third-party beneficiary rights for warranties?

According to my old business law textbook, the UCC presents three ways to interpret the rights of third-party beneficiaries of warranties: The seller's warranties extend to the buyer's household members and guests. The seller's warranties extend to…
In Hoc Signo
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Can a borrower create a taxable event for a lender by selling loaned property (e.g gold)?

Lending property (e.g. gold) is not a taxable event as the asset has not been sold. Let's use gold as an example to simplify things. Scenario: A US company is loaned a $100,000 gold bar by a US resident for 2 years. After which the resident is…
LegalInquirer2000
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Excluding Implied Warranties in Multi-national Contracts

I am selling specialized industrial products to a Polish company who will use them at a site in Poland. We have hired a Polish lawyer to help us understand/exclude as many implied warranties as possible under Polish law, but have set the applicable…
jmac
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How to approach integrated extended service and durable goods UCC SOF K

A and B are friends. A is a reputable retailer specializing in shoes. B asks A for economical help, and A agrees that if B can manufacture a custom shoe that they'd continue working together. Some months later, B produces a prototype that A wants to…
aug2uag
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How can a cash sale result in a voidable title?

§ 2-403. Power to Transfer; Good Faith Purchase of Goods; "Entrusting". Please look at the statute above. It is fairly short. There is a link to it here: https://www.law.cornell.edu/ucc/2/2-403 I am confused by what is meant by the part that says…
S J
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Is there an Implied Law in Texas when you make a purchase?

I purchased a fridge at a used appliance store in Texas. The receipt states "First 90 days: if the Synergy Appliance fails to function during first 90 days, Synergy appliance will repair or replace it with one of equal value, at no charge to you.…
Betty
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Retrieving and Filling UCC documents (US)

I know that based on the type of UCC form you are filling you may need to file it with either the state or the local county. Does this mean that when trying to retrieve UCC documents pertaining to a certain company I would need to put in an order…
Alex Krupka
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Collateral and Property Rights

I'm not a legal professional or student, curiosity brought me here. I'm trying to figure out how ownership applies items that are financed, and to items that are used as collateral to obtain that financing. I thought that if I got a mortgage, or…
lukehalleran
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