A New Chapter 2 For Texas: Well-Suited or Ill-Fitting

Date

2008

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

This Article picks up where the 2007 legislative session ended-with the "Texas Amendments to Chapter 2" as then set out in a draft Bill and the accompanying Bill Analysis from the subcommittee of the Business Law Section. This Article examines selected statutory revisions that concern recurring or problematic issues under the current Chapter 2 and its proposed amendments, tries them on for size in light of Texas (and national) developments, evaluates criticisms of the amendments, and assesses whether the Texas Amendments to Chapter 2 fit the needs of a twenty-first century Texas.

Description

Keywords

Uniform Commercial Code, Article 2 Amendments, UCC § 2.103, Freedom of contract and § 2.207, Revisions of merchantability, Fitness implied warranty disclaimer rules, UCC statute of limitations, Amended battle of the forms and contract formation terms, Introductory Clause, Remedial Promise Accrual Rule of § 2-725, Privity element in express warranties, Disclaimer of implied warranties, Consequential damages against buyers

Citation

George E. Henderson, A New Chapter 2 For Texas: Well-Suited or Ill-Fitting, 41 Tex. Tech L. Rev. 235 (2008-2009)