Commercial transactions: a systems approach

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Aspen Publishers/Wolters Kluwer Law & Business, May 6, 2009 - Law - 1173 pages
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Companion Website : www.aspenlawschool.com/books/lopuckicommercial Commercial Transactions: A Systems Approach offers extraordinary authorship, a flexible assignment-based structure, And The Systems Approach, which looks at how the law is applied in actual transactions. the Fourth Edition continues to offer : outstanding authorship from luminary scholars in secured credit, payment systems, and sales law the Systems Approach that looks at the specific systems, or infrastructure, that support real transactions in practice an assignment-based organizational structure that offers flexibility and ease in teaching well-crafted and up-to-date problems many of them new To The Fourth Edition clear and straightforward introductions and explanations important recent Supreme Court cases cutting-edge coverage a clear statement of which baseline version of the UCC is being used in each section a detailed Teacher's Manual* that includes answers to all of the problems, suggestions for tailoring coverage to three and four-credit courses, and transitional guidance to help you adapt your syllabus To The new edition Specific updates in each Part of the Fourth Edition : Part One: Sales Systems : Phillips v. Cricket Lighters Additional material and new problems on: 2-207 And The battle of the forms Simultaneous acceptance and breach under 2-206 Adequate assurance of future performance and reasonable grounds for insecurity Measuring damages in the case of anticipatory repudiation Part Two: Financial Systems : U.S. Bank N.A. v. HMA, L.C.; CitiBank v. Mincks; New Century Financial Services v. Dennegar and DBI Architects v. American Express; Winter Storm Shipping v. Thai Petrochemical and Rivet v. Regions Bank of Louisiana expanded coverage of wire transfers new chapters on credit enhancement and letters of credit, including both commercial and standby letters of credit to reflect changes from UCP500 to UCP600 Part Three: Secured Credit updates to reflect adoption of revised Article 1 by a majority of stateswhile preserving old Article 1 section numbers for use in states that haven't made that change yet chattel paper, instruments, accounts, and payment intangibles, including the celebrated Commercial Money Center case asset securitization, The sale-lease distinctionincluding in re Worldcomand new debtors updated search methods and costs to reflect migration of the UCC filing systems To The Internet For comprehensive coverage of commercial transactions, luminary authorship, and a highly teachable assignment-based approach, look no further than your complimentary copy of Commercial Transactions: A Systems Approach, now in its Fourth Edition . *A Teacher's Manual may be available for this book. Teacher's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or legaledu@wolterskluwer.com .

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Contents

Formation
3
Problem Set 1
18
B Scope of the CISG
32
The Process of Sales Contract Formation
40
Problem Set 3
59
Estate
62
Formation of Real Estate Contracts
66
Problem Set 4
77
Negotiability
645
B A Typical Transaction
646
Transfer and Enforcement of Negotiable Instruments
663
Liability on an Instrument
669
Problem Set 39
675
B The Fading Role of Negotiability
687
Securitization
695
Creditors Remedies under State Law
715

Statute of Frauds with Sales of Goods
79
Problem Set 5
91
Parol Evidence with Sales of Goods
93
Problem Set 6
105
Requisites to Formalization in Leases International
107
Requisites to Formalization in the Real Estate System
114
Terms
123
Extended Warranties and Maintenance Agreements
136
B Warranties with International Sales
142
Problem Set 9
153
B Warranty Reduction with Leases
161
Commercial Impracticability
168
Commercial Impracticability with Real Estate
185
Performance
197
Problem Set 13
210
Real Estate
213
Problem Set 14
225
Risk of Loss with Sales of Goods
227
Risk of Loss with Leases International Sales and Real
239
International Sales and Real Estate
268
B Sellers Remedies with International Sales
274
Buyers Remedies with Sales of Goods
280
Problem Set 19
288
International Sales and Real Estate
293
B Buyers Remedies with International Sales
294
Part
307
Checking Accounts as the Paradigm Payment
317
Problem Set 21
327
The Banks Obligation to Pay Checks
330
What Happens If the Bank Refuses to Pay?
340
Problem Set 22
346
Collection of Checks
349
B The Process of Collection
354
Problem Set 23
384
Risk of Loss in the Checking SystemThe Basic
388
1 Indorser Liability
390
Alteration
400
Risk of Loss in the Checking System Special Rules
403
B Bank Statements
407
Theft by Employees
413
Problem Set 25
422
Truncation and Check 21
424
Problem Set 26
431
Electronic Payments
435
B Using the CreditCard Account
438
Problem Set 27
455
B Unauthorized Charges
467
Problem Set 28
477
Debit Cards
480
Problem Set 29
495
Discharge of the Originators Underlying Obligation
516
B Recovering from the Mistaken Recipient
534
Developing Payment Systems
539
Internet Payments
548
B Debit Cards on the Internet
554
Credit Enhancement
565
Problem Set 33
571
Protections for Guarantors
581
Bankruptcy of the Guarantor
592
Letters of Credit
597
Letters of CreditAdvanced Topics
616
B Assigning Letters of Credit
622
Credit
626
B Problems in Standby LetterofCredit Transactions
634
Problem Set 37
640
Limitations on Compelling Payment
724
Security and Foreclosure
732
Foreclosure Procedure
742
Repossession of Collateral
749
Breach of the Peace
755
F The Right to Possession Pending Foreclosure Real Property
761
judicial Sale and Deficiency
768
Antideficiency Statutes
781
Article 9 Sale and Deficiency
787
A Functional Analysis
797
Stopping Creditors Collection Activities
804
E Strategic Uses of Stay Litigation
815
B The Claims Process
821
F Selling the Collateral
827
Problem Set 48
834
Creation of Security Interests
837
B Formalities for Article 9 Security Interests
840
Formalities for Real Estate Mortgages
850
Article 9 Security Agreements
857
What Obligations Are Secured?
863
Concepts
868
A Proceeds
869
B Other ValueTracing Concepts
880
Tracing Collateral Value During Bankruptcy
885
B The Equities of the Case Solution to the Proceeds Dilemma
891
The Gateway to Remedies
899
E Procedures After Default
913
Bankruptcy Law
919
The Prototypical Secured Transaction
931
Part
941
Bonnies Buys Some Boats
943
Perfection
953
The Theory of the Filing System
959
F Methods and Costs of Searching
967
B Correct Names for Use on Financing Statements
975
Errors in the Debtors Names on Financing Statements
981
Article 9 Financing Statements Other Information
989
Authorization to File a Financing Statement
997
B Collateral in the Control of the Secured Party
1007
Security Interests Not Governed by Article 9 or Another Filing
1013
Maintaining Perfection
1019
B SelfClearing and Continuation in the Article 9 Filing System
1023
Problem Set 60
1031
Maintaining Perfection Through Changes of Name
1035
B New Debtors
1038
Maintaining Perfection Through Relocation of Debtor
1048
Transfer of the Collateral
1054
Maintaining Perfection in Certificate of Title Systems
1060
B Accessions
1066
Problem Set 63
1073
Priority
1075
The Right to Possession Between Lien Holders
1081
Competitions for Collateral
1089
Priority Between Lien Creditors and Mortgage Creditors
1096
Advances
1100
Personal Property
1102
Problem Set 66
1110
Secured Creditors Against Secured Creditors
1113
B PurchaseMoney Security Interests
1118
Problem Set 67
1124
Buyers Against Secured Creditors
1128
Table of Cases
1147
Table of Statutes and Regulations
1153
Index
1161
Copyright

About the author (2009)

LoPucki, Security Pacific Bank Professor of Law at UCLA Law School.

Elizabeth Warren is a chaired professor at Harvard Law School. She is the author or coauthor of several books, including "The Two-Income Trap: Why Middle-Class Parents Are Going Broke." She has appeared on numerous television shows, including "Dr. Phil" and the "Today" show. She lives with her husband in Cambridge, Massachusetts.

Elizabeth and Amelia are mother and daughter.

Bibliographic information