Rights of Secured Creditors in Returned and Repossessed Goods under the Uniform Commercial Code: A Study of Section 9-306(5)

Section 9-306(5) of the Uniform Commercial Code determines priorities among secured creditors when goods are returned or repossessed. Having developed a sales and return model utilizing the Code section, the author analyzes court decisions involving § 9-306(5) and concludes that difficulties in the application of the provision have been compounded by judicial attempts to avoid troublesome areas

The Legal Relationship Between the Bank and its Safe Deposit Customer

Today in the United States, virtually every commercial bank makes safe deposit services available for a small fee, either through a department of the bank or through a subsidiary or affiliated safe deposit company. Never before has the demand for safe deposit services been so great. More than ever before, Americans are turning to safe deposit companies and bank safe deposit vaults for the storage of their assets. This increased demand has caused increased concern among legislators and bankers about whether to regulate further the day-to-day affairs of the safe deposit business. Increased use of safe deposit vaults and boxes will predictably lead to more litigation concerning the rights and responsibilities of banks and their customers. It is therefore important to examine the legal status of the relationship of the bank to its safe deposit customer. This Article will explore the nature of the relationship, the ways in which courts have viewed the relationship and the problems that may arise as a result of the legal relationship of the bank to its safe deposit customer

The Legal History of Safekeeping and Safe Deposit Activities in the United States

This article explores the legal history of safekeeping and safe deposit activities so that future problems that arise in connection with safe deposit services may be dealt with in a rational manner, consistent with historical developments

The Legal History of Safekeeping and Safe Deposit Activities in the United States

This article explores the legal history of safekeeping and safe deposit activities so that future problems that arise in connection with safe deposit services may be dealt with in a rational manner, consistent with historical developments

North Carolina\u27s Uniform Premarital Agreement Act: A Contract Perspective

This Article will explore the likely impact the Uniform Premarital Agreement Act will have in North Carolina from a contractual perspective. First, the Article provides a thumbnail overview of the Act\u27s provisions. Then, the Article considers the effect of the Act on North Carolina law and practice. Finally, the Article explores some of the more important and basic practical problems caused by the Act and suggests tentative solutions

Some Thoughts About Warranty Law: Express and Implied Warranties

This article will conclude the author\u27s consideration of warranty law in North Dakota, which began with an explanation of some of the more interesting aspects of the warranty of title. It is the goal of this article to explore some of the problems that occur with respect to express and implied warranties which arise in connection with the sale of goods. To that end, the article will first discuss the way in which these warranties arise, including their history and status, some of the more recent developments in this state, and finally probable future prospects. The practitioner should be aware of relatively recent federal legislation, the Magnuson-Moss Federal Trade Commission Improvement Act, which will greatly expand the applicability of implied warranties. A full discussion of this federal law is beyond the scope of this article. In addition, the recent developments in the law of strict liability and products liability which complement and overlap warranty law are beyond the scope of this article