Essential UCC Concepts: A Survey of Commercial Transactions

Candace Zierdt, Stetson University College of Law

Kristen David Adams, Stetson University College of Law

Juliet M. Moringiello, Widener University School of Law - Harrisburg

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The first five chapters on Sales and Leases cover amended 2-102 which uses a predominant purpose test, although it changed the outcome of the test by continuing to have the UCC apply to the sale of goods, even if that was not the predominant reason for entering the contract. Additionally, the complicated case of the Iler Group was replaced with Herren Farms, LL.C v. Martin.

In the Payments chapters, enhanced explanations have been added to many of the graphics, and new graphics have been added in a number of areas. Some cases that were overly complex (Prestige Imports v. South Weymouth Savings Bank, White v. Hartford Life Insurance Co., Alpine Haven Property Owners Association, Inc. v. Deptula, Conder v. Union Planters Bank N.A., Mennen v. J.P. Morgan & Co., Inc.) have been deleted; other cases have been added (Jones v. Wells Fargo Bank, N.A., Briargate at Seventeenth Avenue Owners Association v. Nelson, Mahabare v. Suntrust Bank, Carter v. Wells Fargo Bank, N.A., T.C. Skyward Aviation U.S., Inc. v. Deutsche Bank A.G., New York Branch). Although comprehensive treatment of Regulation CC’s rules on check-collection are beyond the scope of these materials, brief mention of those rules has been added to provide context for their relationship to Article 4. Some of the problems have been streamlined for clarity or replaced. Further explanation of the loss-shifting rules in Article 3 such as the fictitious payee rule, the faithless employee rule, and the impostor rule, has been added. The materials on accommodation parties and other secondary obligors have been substantially rewritten to clarify the distinction between accommodation parties and other secondary obligors. The materials on mobile payments and virtual currency have been updated to address changes in law and technology since the first edition.

The secured transactions chapters of the casebook are preceded by a new chapter that explains new Article 12 of the UCC, which governs Controllable Electronic Records. In the absence of case law discussing this new article, the problems in this chapter are geared towards guiding students in identifying this new type of collateral and learning about the concept of control. The major changes to the Article 9 chapters incorporate the 2022 Amendments to the Uniform Commercial Code. These changes include discussions of how to perfect a security interest in Controllable Electronic Records and priority issues involving that new type of collateral, as well as changes to the definition of chattel paper and the new provisions accommodating electronic money. The materials include problems that allow students to apply these new and revised sections of Article 9.

Learn more about this series.