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From Lorman Education Services
Battle of the Forms: Back to the Basics and Recent Developments
...ailed look at the basics of the battle of the forms under UCC 2-207, with a focus on the practical application of the rule. We will discuss the steps necessary to gather the facts crucial to the analysis, walk through the analysis from different perspectives, and discuss significant majority and minority views throughout the U.S. and how the results may differ under the varying approaches. We
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Battle of the Forms: Back to the Basics and Recent Developments
Understanding UCC Article 9 Foreclosures
...n protecting their interests, foreclosing on assets under UCC Article 9 may be the right option. If appropriate, a public auction, private sale or friendly foreclosure under Article 9 may provide a quick and relatively inexpensive resolution. The UCC foreclosure process contains some pitfalls that creditors need to avoid and obstacles that should be addressed. However, with careful planning,
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Implied Obligations in Construction Contracts
BenefitsWhen parties enter into construction or design contracts, there may be numerous implied obligations that arise under law or in equity. These implied obligations should be carefully considered by owners, design professionals and contractors. These implied obligations apply to most construction and design contracts unless a specific contractual provision is provided in the contract that
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The UCC Article 9 Update
BenefitsThe revisions to Article 9, which generally became effective in 2001, substantially changed the law. Now, with a few years of experience, the case law is beginning to emerge and develop, and practitioners are beginning to identify issues not contemplated by the drafting committee. The changes to the Article 9 filing system were significant and the prevalence of filing cases suggests that
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Effective UCC Search Strategies to Minimize Risk
BenefitsLenders and other creditors need to know where they stand if a debtor becomes bankrupt. Primarily, this is a function of whether they have a lien or security interest and if so, whether anyone else has a prior lien or security interest. Liens generally must be made public in some way - usually by a filing in a public office - in order to enjoy priority, so prospective lenders and creditors
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