Abstract
Article Two of the Uniform Commercial Code stands today as a living testament to Karl Llewellyn and the many other brilliant and dedicated lawyers from well over a half century ago who participated actively in its drafting. Of the Code’s several articles, Article Two is particularly noteworthy because it alone has survived to the present day without significant substantive amendment. That longevity is most remarkable given the ensuing fifty plus years of expanded knowledge, technological advance, and innovative changes in fundamental business practice that have occurred in our ever-evolving economy. At its inception, much of Article Two represented novel departure from the archaic property-based concepts of its predecessor, the Uniform Sales Act. But nothing was more so than Article Two’s promulgation of a broad array of remedy options for both sellers and buyers that were designed largely either to replace or subjugate the anachronistic but ubiquitous market price damages remedy, a primitive relic of the Langdellian-like formalism that had previously permeated sales law …
Roy Ryden Anderson, A Look Back at the Future of UCC Damages Remedies, 71 Southern Methodist University Law Review 185 (2018).
First posted 2018-03-25 09:55:30
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