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UCC Protects Bank from Breach of Contract Allegations

Even in Virginia, which recently placed which recently placed first in a ranking of the " Best States for Business " by Forbes.com, businesses often fail. Particularly in small companies, relationships among the owners sour and partnership disputes arise. Here in Fairfax County, where my practice...

Battle of The Forms in Texas

Most parties believe that whichever business sends the final form is the one left standing and therefore should be the controlling form for legal purposes if a dispute arises. However a more detailed analysis of Texas case law interpreting its adopted version of the Uniform Commercial Code (UCC) dictates...

UCC Reporter-Digest: Mortgagor's Tender of Delinquent Payments Failed to Constitute Effective Cure: Rossi v. Suntrust Mortgage., Inc.

CASE OVERVIEW Revised Section 3-111 of the Uniform Commercial Code states that an instrument is payable at the place of payment listed in the instrument. According to Revised Section 4-107, bank branches are separate banks for purposes of determining a place of payment. In Rossi v. Suntrust Morg...

The UCC Did Not Displace South Carolina's Common Law Rule Regarding Standing Timber: Epstein v. Coastal Timber Co.

CASE OVERVIEW According to South Carolina law, a mortgage on real property includes the standing timber unless the mortgage excepts it. The Uniform Commercial Code has not displaced this common law rule. Specifically, Section 2-107(2) does not transform all standing timber from realty into...

Are Purchase Orders Enforceable Contracts?

They can be. The Uniform Commercial Code provides that a contract for the sale of goods may be made in any manner sufficient to show agreement, and that "an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship...