Sales and Leases: A Problem-based Approach
Scott Burnham, Gonzaga University School of Law
Kristen Juras, The University of Montana School of Law
Pub Date: 2016
Publisher: CALI's eLangdell® Press
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Table of Contents
- About the Authors
- About CALI eLangdell Press
- Chapter 1. Introduction to the Uniform Commercial Code and Article 1
- Chapter 2. Introduction to UCC Article 2
- Chapter 3. Formation of a Contract under the UCC
- Chapter 4. Battle of the Forms
- Chapter 5. Statute of Frauds
- Chapter 6. Warranties Implied by Law
- Chapter 7. Express Warranties and Warranties Given by Remote Sellers
- Chapter 8. Disclaimer of Warranties; Magnuson-Moss Warranty Act; Third Party Beneficiaries under § 2-318
- Chapter 9. Parol Evidence Rule; Contract Modification
- Chapter 10. Delivery Terms and Title Issues
- Chapter 11. Impracticability (Excuse by Failure of Presupposed Conditions)
- Chapter 12. UCC Perfect Tender Rule; Seller’s Right to Cure
- Chapter 13. Acceptance; Revocation of Acceptance
- Chapter 14. Anticipatory Repudiation
- Chapter 15. Common Law Remedy Principles and Seller’s Remedies under the UCC
- Chapter 16. Buyer Remedies under the UCC
- Chapter 17. Limitation of Remedies
- Chapter 18. Statute of Limitations
- Chapter 19. Assignment and Delegation
About the Book
Sales and Leases is a coursebook for a 3-credit course in personal property sales and leases – the subject matter of UCC Articles 2 and 2A. Adjustments could be made for other credit allocations and chapters can be used on a stand-alone basis. The course is designed so that students both review the rules and principles they studied in their first-year course in Contracts and learn the rules that apply to the subset of contracts for the sale and lease of goods. Students taking this course should be well-prepared to solve legal problems in contracts and sales, and should be well-prepared for those parts of the bar exam as well.
While the course in Contracts focuses on the rules of common-law contracts, the focus of this course is the rules found in legislation. Therefore, instead of emphasizing case analysis, the book contains a good deal of narrative that assists students in working through the complexity of the statutes. Students will need to supplement the book with a complete copy of the UCC that includes the Official Comments. Discussion of other statutes, such as UETA and Magnuson-Moss, is incorporated where appropriate.
The approach is problem-based, which we believe is more appropriate for an upper-division course based primarily on statutes. The narrative is interspersed with problems for class discussion that require students to apply the principles and rules to particular fact situations. Many times there is an issue of interpretation or policy in the Code, however, and therefore each chapter also contains at least one case that explores an issue arising under the statute.
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About the Contributors
Professor Scott J. Burnham teaches in the areas of contracts, commercial law, and intellectual
property. Professor Burnham received his J.D. and LL.M. degrees from New York University
School of Law in 1974 and 1981. Between degrees, he practiced in New York City with London,
Buttenweiser, Bonem & Valente, and then as a sole practitioner. He has been a visiting professor at Santa Clara, Tennessee, Western New England, Memphis, UNLV, Hawaii, Ohio State, Cardozo, Montevideo (Uruguay), and Vytautas Magnus (Lithuania). He is the author of
numerous law review articles in the fields of contracts, consumer law and legal education, and
two books on drafting published by The Michie Company: The Contract Drafting Guidebook,
which is written for practitioners, and Drafting Contracts, 2nd ed., which is written for law
students. He is a member of the ALI.
Professor Kristen Juras has taught contracts, UCC Article 2, property, business, international
law and other classes at the University of Montana School of Law since 2000. She is the coauthor of the Law of the Sea in a Nutshell (West 2009) and Cases and Materials on the Law of the Sea (Brill 2015). Prior to teaching, Professor Juras practiced transactional and commercial law for more than twenty years, including serving as general counsel for a publicly traded corporation.