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SCOPE OF ARTICLE 2 Article 2 of the Uniform Commercial Code ("U.C.C.") applies to "transactions in goods" (1) and defines "goods" to include all things that are "movable at the [...]

A little over a year ago (on January 1, 2009, to be precise), a revision of the basic article of the Uniform Commercial Code ("UCC" or "the Code") became effective [...]

Consider these facts. A prospective employee approaches a prospective employer about a job. The would-be employee completes a job application. He also provides the prospective employer with copies of his [...]

The author advocates less use or repeal of the Statute of Fraud as the requirement as to form of contract has outlived its original purpose of preventing fraud in real estate contracts.

Permanent employment contracts have traditionally enjoyed the presumption of being employment-at-will, but courts no longer invariably adhere to that doctrine and in Michigan and California the allegation of verbal lifetime contracts has been sufficient to deny that presumption. The result is a greater likelihood of employer liability based on fabricated evidence of long-ago verbal contracts. This is the situation the statute of frauds was supposed to avoid. Failing an amendment of that statute, employers must make sure the terms of the employment relationship are in writing.

The authors discuss the Federal Claims Court case of Estate of Swanson where the attorney-in-fact's gifts were void and included in the decedent's estate because the California power of attorney law required a writing.