Commercial Transactions
Date
2015
Authors
Krahmer, John
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Abstract
A discussion of case law since 2012 with a focus on issues not previously addressed in Texas or that remain unsettled at the state or national level. Areas addressed include: fair notice and conspicuousness, intent to accelerate, whether a claim should be for breach of warranty or breach of contract, disclaimer of warranties, limitation of damages, transfer and enforcement of security interests, a customer’s duty to notify the bank about improperly paid items, perfection of security interests, the correct name of a debtor, repossession of collateral, and the disposition of collateral following default.
Description
Keywords
commercial transaction, Texas, conspicuousness, fair notice, good faith, fair dealing, acceleration, Statute of Frauds, breach of warranty, breach of contract, Deceptive Trade Practices Act, DTPA, disclaimer of warranties, limitation of damages, right of rescission, leases of goods, foreclosure, accord and satisfaction, security interest, priority
Citation
John Krahmer, Commercial Transactions, SMU L. Rev. Online (May 26, 2015, 12:27 PM), available at http://smulawreview.law.smu.edu/getattachment/Journals/TX-Survey/2015-Texas-Survey/Commercial-Transactions.pdf (2015).