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Entries Tagged as 'All Posts'

Warranties: Discussions in Contracts

March 8th, 2018 · Comments Off on Warranties: Discussions in Contracts · All Posts, Contracts, Lawdibles Audio

The topic of this podcast by Professor Scott J. Burnham is a basic overview of when warranties are given for the sales of goods under Article 2 of the UCC. An additional podcast will discuss how warranties can be disclaimed or limited. The primary issue in warranty law is what is the level of quality […]

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Parol Evidence Rule: Discussions in Contracts

March 8th, 2018 · Comments Off on Parol Evidence Rule: Discussions in Contracts · All Posts, Contracts, Lawdibles Audio

The topic of this podcast by Professor Scott J. Burnham is the Parol Evidence Rule. In general, there is no probem with oral agreements. There are a few exceptions where the agreement has to be evidenced by a writing to satisfy the Statute of Frauds, but by and large oral agreements are perfectly valid. The Parol […]

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U.C.C. § 2-207: Part 2 – Finding the Terms of the Contract: Discussions in Contracts

February 23rd, 2018 · Comments Off on U.C.C. § 2-207: Part 2 – Finding the Terms of the Contract: Discussions in Contracts · All Posts, Contracts, Lawdibles Audio

The topic of this podcast by Professor Scott J. Burnham is U.C.C. § 2-207 Finding the Terms of the Contract. This podcast is the second in a series of three podcasts about § 2-207 of the Uniform Commercial Code, a section often referred to as the Battle of the Forms. The first podcast covered Formation […]

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Payment Systems: Effect of the Instrument on the Underlying Obligation

September 11th, 2017 · Comments Off on Payment Systems: Effect of the Instrument on the Underlying Obligation · All Posts, Lawdibles Audio, Negotiable Instruments

The topic of this podcast, by Professor Jennifer Martin, is the relationship between the liability that parties have on an underlying contractual obligation and an instrument that is taken as payment for the same obligation, including using an instrument to achieve an accord and satisfaction as to a contractual dispute. For example, an individual enters […]

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Secured Transactions: True and Disguised Leases

September 6th, 2017 · Comments Off on Secured Transactions: True and Disguised Leases · All Posts, Commercial Transactions, Lawdibles Audio, Secured Transactions

This podcast by Professor Jennifer Martin evaluates when a transaction described as a “lease” will be considered a sale with a retention of a security interest and covered by Article 9. In particular, it will describe the situations that suggest that a lease is a true lease and those in which the lease is actually […]

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Secured Transactions: Basics

September 6th, 2017 · Comments Off on Secured Transactions: Basics · All Posts, Commercial Transactions, Lawdibles Audio, Secured Transactions

This podcast by Professor Jennifer Martin discusses the nature of security interests, as well as some of the basic vocabulary that you will need to understand the concepts, using the rules set forth in the Uniform Commercial Code Article 9. The rules of Article 9 are state statutory law. The primary terms of art associated with […]

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Secured Transactions: Scope of Article 9

September 6th, 2017 · Comments Off on Secured Transactions: Scope of Article 9 · All Posts, Commercial Transactions, Lawdibles Audio, Secured Transactions

The topic of this podcast by Professor Jennifer Martin is to summarize and evaluate the nature of security interests covered by Article 9. It will also cover transactions that are within the scope of UCC Article 9 even though the parties may not have intended to create a security interest. The primary code section associated […]

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Comparative Negligence vs. Assumption of Risk – Brigham Fordham

February 8th, 2012 · Comments Off on Comparative Negligence vs. Assumption of Risk – Brigham Fordham · All Posts, Lawdibles Audio, Torts

What is the difference between comparative negligence and assumption of the risk? This Lawdible helps students learn to recognize the differences between the two most important  affirmative defenses to a negligence claim — assumption of the risk and comparative negligence.  Professor Fordham works through a hypothetical that highlights the differences between assumption of the risk and comparative negligence.  He then explains […]

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Impeaching a Hearsay Declarant Who Does Not Appear in Court – Arthur Best

May 4th, 2010 · 1 Comment · All Posts, Evidence, Lawdibles Audio

How can an opponent impeach a hearsay declarant, when the declarant does not appear in court? Find out in this Lawdible. When hearsay is introduced against a party, that party may impeach the Declarant using any techniques that could be used against a witness who testifies live in court. For example, evidence of past convictions […]

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Ethics issues involving attorney retainers and advances – Barbara Glesner Fines

April 29th, 2010 · 2 Comments · All Posts, Lawdibles Audio, Professional Responsibility

As an attorney, you will often receive funds from a client before you even perform any services for a client. Many attorneys require payment of a retainer or an advance for future services. What’s the difference between the two? What legal ethics issues do retainers and advances create? Professor Barbara Glesner Fines of the University […]

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