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Title in UCC Article 2
This lesson explores the concept of title in UCC Article 2.
This lesson explores the concept of title in UCC Article 2.
The lesson on UCC Warranties explored the various Article 2 warranties and how they are created. But there is also freedom of contract to disclaim those warranties. This lesson explores the requirements for a successful disclaimer of warranties.
A number of the provisions in Article 2 have special rules applicable to merchants, called the “merchant rules.” This lesson explores the definition of merchant in the UCC, key sections in Article 2 that rely on the concept of a merchant, and how different definitions of merchant apply in different provisions of Article 2.
Interpretation involves ascertaining the meaning of the words and provisions of a contract. Article 2 of the UCC is intended not to regulate commercial activity, but to facilitate it. An important part of commerce is business practices in general and in particular, usages of trade and understandings of the parties to the contract. Therefore, this lesson emphasizes those parts of interpretation. For a broader discussion of interpretation in contract law, see the CALI Lesson Interpretation of Contracts.
This lesson explores the novelty bars of 35 U.S.C. § 102 as amended by the America Invents Act (AIA). It assumes familiarity with the pre-AIA novelty bars.
This lesson is designed to teach you the terms, i.e., the words of art, you will need to understand if you are studying Article 3 of the UCC which governs negotiable instruments. It may be used as an introduction to these concepts or as a review or reinforcement of them.
This lesson deals with how trademark protection may be lost by abandonment, i.e. the discontinued use of a mark, the licensing of a mark in gross or an assignment of a mark in gross. This lesson is intended to be used as a supplement to the student's course material. It analyzes several issues that arise from the non-use or limited use of a mark, the licensing or assignment of a mark, as well as the considerations that follow the resumption of use of an abandoned mark.
This lesson discusses how to account for contingencies, uncertain future gains and losses. A basic understanding of financial statements and the essential ideas underlying accrual accounting is helpful before undertaking this lesson.
This lesson builds on the concepts that you may have been introduced to in Professor Robert Lind's lesson on the classification of marks, e.g., generic marks, descriptive marks, suggestive marks, arbitrary marks, and fanciful marks. Specifically, this lesson will concentrate on the validity of a mark for trademark protection purposes when the trademark or trade dress is not inherently distinctive.
This lesson was written as a review of the material covered in Chapter 5 of the CALI e-book, Wetlands Law: A Course Source. The lesson reviews whether activities such as landclearing, ditching, draining, sidecasting, and deep ripping are regulated as "discharges" of dredged or fill material, and reviews the relationship between the Clean Water Act section 402 permit program and the Section 404 wetlands permit program.
This lesson examines the scope of one of the exclusive rights belonging to a copyright owner -- the right to create derivative works based on the copyrighted work, under 17 U.S.C. § 106(2).
The purpose of this lesson is to examine how administrative agencies create "rules," particularly in adjudicative contexts. The goal is to contrast so-called "legislative procedures" with "adjudicative procedures," and then to examine the scope and limits of adjudicative authority. The lesson is intended for students who have studied these issues in class and wish to refine their knowledge.