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About the Book

Problems and Materials on Commercial Law 11E

Front Cover - Problems and Materials on Commercial Law 11E

Eleventh Edition 


Douglas J. Whaley
Professor Emeritus
Moritz College of Law 
The Ohio State University 

Stephen M. McJohn 
Suffolk University Law School 

2016. 1,488 pages. ISBN: 978-1-4548-6334-2. With Teacher's Manual.

About the Book

Clear, lucid, and extremely accessible, Problems and Materials on Commercial Law helps students understand black letter law and the statutory language in the Uniform Commercial Code. Concise yet comprehensive coverage includes the most recent case and statutory developments in all fundamental areas of Commercial Law, including sales, payment systems, and secured transactions. A sensible, flexible organization follows the order of UCC Articles 2, 3, 4, and 9, and is adaptable to many teaching styles. Drawing on experience in both teaching and writing, the authors provide thorough and practical coverage using a popular problems approach. The text’s effective format, manageable length, and inclusion of the most important cases make Problems and Materials on Commercial Law concise and efficient. A Teacher’s Manual provides sample syllabi, answers to all the problems in the text, and suggestions on the best ways to teach various topics.

Hallmark features of Problems and Materials on Commercial Law:
• Effective format  makes black letter law accessible and helps students understand statutory language 
• Sensible organization—adaptable to many teaching styles
• Thorough and up-to-date—covers the latest changes in (and cases relating to) U.C.C. Articles 2, 3, 4, and 9, as well as other relevant laws and cases
• Popular problems approach
• Distinguished authorship—draws on experience in both teaching and writing
• Manageable length
• Concise and lucid
• Includes most important cases
• Teacher’s Manual with sample syllabi, the best ways to teach various topics, and answers to all the problems in the text

Thoroughly updated, the Eleventh Edition presents:
• An introduction to the UCC
•Multiple-choice assessment questions, with analysis, for each chapter
Sales:
• New cases, including: In re Sony Gaming Networks and Customer Data Security Breach Litigation; Western Dermatology Consultants, P.C. v. VitalWorks; Fish Net, Inc. v. ProfitCenter Software, Inc.; Deere & Co. v. Cabelka; Minkler v. Apple; Bissinger v. New Country Buffet; Hanwha Azdel, Inc. v. C & D Zodiac; Timoschuk v. Daimler Trucks North America; and Peace River Seed Co-Operative, Ltd. v. Proseeds Marketing, Inc.
• UCC Art. 2 on Sales being increasingly used to resolve disputes about software licenses and other high tech transactions
• Updated discussions of equipment leasing, of the Convention on Contracts for the International Sale of Goods, of the effect of the Magnuson-Moss Act on privity, causation in warranty actions, and of the requirement that consumers give notice of breach of  warranty 
• Continued uncertainty about the application of the battle of the forms rule to common clauses, such as choice of forum provisions
• Effectiveness on limitations on remedies in high-tech and chemical contracts
• Widespread use of electronic documents of title, together with more state adoptions of most recent version of UCC Article 7
Payment:
• New cases, including Good v. Wells Fargo Bank, N.A.; Trent v. North Carolina; Charles R. Tips Family Trust v. PB Commercial LLC; In re Harborhouse of Gloucester, LLC; RR Maloan Investments, Inc. v. New HGE, Inc.; Clemente Bros. Contracting Corp. v. Hafner-Milazzo; Aliaga Medical Center; S.C. v. Harris Bank; In re Estate of Rider; and cases on intersection between securities and secured transactions law
• A new chapter on the application of UCC Article 3 in cases involving mortgage promissory notes, including discussion of the most recent version of Article 3
• Discussion of issues of negotiability in promissory note forms commonly used in practice
• Apparent split among federal circuits on whether bank or its customer takes loss of wire transfer fraud
• Issues with remote-deposit-capture checks, such as risk of loss if customer makes remote deposit then also negotiates the original check
• Expanded discussion of electronic payments ( services such as PayPal; etc.)
• Secured Transactions:
• New cases, including 1st Source Bank v. Wilson Bank & Trust; Eleventh Circuit holding that violation of automatic stay in bankruptcy may give rise to damages for emotion distress; Thompson-Young v. Wells Fargo Dealer Services; Mishcon de Reya New York LLP v. Grail Semiconductor; Prairie State Bank & Trust v. Deere Park Associates;); McDonald v. Yarchenko
• How the 2010 amendments to the UCC on determining the name of an individual for filing affect  lenders, their attorneys, and the courts, along with discussion of state filing office procedures 
• The effect of online filing practices
• State procedures to deal with bogus and fraudulent financing statements
• New technologies and repossession: remote disabling, GPS location, self-driving cars
• Intersections between secured transactions and contract law: errors in security agreements, scope of security interest in intellectual property
• Whether bank may lose security interest in car due to forged release of lien.
• A case that may make students tremble, in which a misfiled termination statement  caused a law firm’s client to lose $1.5 billion in collateral

Preface / Sample Chapters