Lawrence R. Small, The Remedy Provisions of Article 2 of the Uniform Commercial Code: A Practical Orientation, 4 Gonz. L. Rev. 176 (1968).[PDF] [Westlaw] [LexisNexis]
The Uniform Commercial Code descended upon the State of Washington at midnight, June 30, 1967. The rather chilly reception given the Code by the legal fraternity does not indicate a dislike for its substantive content so much as a distrust of its appearance. The UCC is a bulky document (even excluding the Official Comments), intertwined with a network of cross references, with the awesome, though laudable, goal of establishing a statutory system of policy and procedure for the entire commercial world. Its formidable communication problems tend to overshadow its substantive impor- dance. The slow task of bridging the communication gap was begun in 1959, before the Code was adopted.’ In an excellent section by section review of Article 2 (Sales), Professor Richard Cosway set out the essential differences and similarities between the then existing (now past) law of our state and the policy and procedures of the Code.
To establish a working relationship with the Code, however, requires more than a comparison between procedure and substance, past and present. Such an approach can be used with the greatest value in interpreting the new sales concepts of the Code, but it does not necessarily provide a guide towards a working application of those concepts. The first purpose of this article is to offer such a working guide, restricted by necessity to a manageable portion of Article 2. Thus, the first part of this article is directed solely towards a threshold comprehension of the new approaches to remedies of the buyer and the seller. Formation and performance concepts may indirectly be involved, but the primary focus will be on the legal machinery of Article 2 which becomes available after the necessary breach by the buyer or seller has occurred. Another purpose of this article is to discuss some of the more important, recent develop- ments under the remedy provisions of Article 2. This discussion will commence after the basic remedy provisions are described. . . . Read More