This podcast by Professor Jennifer S. Martin provides an overview of the process by which a creditor attaches a security interest to collateral under Article 9 of the Uniform Commercial Code, thereby making it enforceable by the creditor in the event there are unmet obligations to the creditor (in most cases by non-payment of a loan […]
Entries Tagged as 'Lawdibles Audio'
Creating a Security Interest – Overview: Discussions in Secured Transactions
May 3rd, 2021 · Comments Off on Creating a Security Interest – Overview: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
Tags:Article 9·collateral·security agreement·security interest·UCC Article 9
Purchase Money Security Interests Part II: Discussions in Secured Transactions
April 26th, 2021 · Comments Off on Purchase Money Security Interests Part II: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
The topic of this podcast by Professor Scott J. Burnham is to identify when a purchase money security interest (“PMSI” or PIM-zee) has been created and to identify fact patterns that frequently appear on law school and bar examinations where it is significant that a security interest is a PMSI. Remember, a PMSI is simply […]
Tags:§ 9-103·§ 9-203·§ 9-309·§ 9-317·§ 9-320(b)·§ 9-324·§ 9-334·automatic perfection·bankruptcy trustee·judicial lien creditor·PMSI·priority rules·Purchase Money Security Interest·security interest·superpriority
Priority Between a Secured Party and a Party with a Lien: Discussions in Secured Transactions
April 19th, 2021 · Comments Off on Priority Between a Secured Party and a Party with a Lien: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
This podcast by Professor Scott J. Burnham discusses the priority between a secured party and a party with a lien, including a judicial lien creditor, a creditor with a lien arising by operation of law, a creditor with an agricultural lien, and the IRS with a tax lien. The podcast discusses the relationship between Bankruptcy […]
Tags:§ 544(a)·agricultural lien·judicial lien creditor·lien·PMSI·Purchase Money Security Interest·secured party·strong arm clause·tax lien
Classification of Collateral II: Discussions in Secured Transactions
April 12th, 2021 · Comments Off on Classification of Collateral II: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
This is the second of two podcasts by Professor Jennifer S. Martin that describe the process by which a creditor identifies collateral subject to a security interest under Article 9 of the Uniform Commercial Code. This podcast focuses primarily on descriptions of intangible personal property, including the descriptions used in a security agreement. See Classification […]
Tags:classification of collateral·collateral·intangible personal property·intangible property·quasi intangible property·security agreement·security interest
Classification of Collateral I: Discussions in Secured Transactions
April 6th, 2021 · Comments Off on Classification of Collateral I: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
This is the first of two podcasts by Professor Jennifer S. Martin that describe the process by which a creditor identifies collateral subject to a security interest under Article 9 of the Uniform Commercial Code. This podcast focuses primarily on descriptions of tangible personal property, including the descriptions used in a security agreement. See Classification […]
Tags:classification of collateral·collateral·security agreement·security interest·tangible personal property
Implied Conditions: Discussions in Contracts
March 25th, 2021 · Comments Off on Implied Conditions: Discussions in Contracts · Contracts, Lawdibles Audio
The topic of this podcast by Professor Scott J. Burnham is when a court will supply a condition even where the parties have not expressly written one into the contract. It distinguishes between a promise and a condition under Restatement (Second) of Contracts §§ 2 and 224. This podcast references two other podcasts: Express Conditions and […]
Tags:excuse of conditions·express conditions·implied conditions·promissory condition·Restatement (Second) of Contracts § 2·Restatement (Second) of Contracts § 224·rule of constructive conditions of exchange·substantial performance
Excuse of Conditions: Discussions in Contracts
March 16th, 2021 · Comments Off on Excuse of Conditions: Discussions in Contracts · Contracts, Lawdibles Audio
The topic of this podcast by Professor Scott J. Burnham is when a court will excuse satisfaction of a condition to avoid the harsh effects of forfeiture when a condition fails. It also looks at what happens when a court has determined that there is a condition and the failure of the condition might cause […]
Tags:§ 229·Clark v. West Publishing Company·conditions·divisible contract·excuse·excuse of condition·express conditions·implied conditions·restitution·waiver·West Publishing Company
Express Conditions: Discussions in Contracts
March 9th, 2021 · Comments Off on Express Conditions: Discussions in Contracts · Contracts, Lawdibles Audio
The topic of this podcast by Professor Scott J. Burnham is when language in a contract is an express condition, such that failure to satisfy the condition results in a performance not being due. A condition can be a good way to hedge in case a party is concerned that it can’t meet its commitments […]
Tags:Clark·Clark v. West Publishing Company·excuse of conditions·express conditions·implied conditions·Parol Evidence·West Publishing Company
Mitigation: Discussions in Contracts
March 2nd, 2021 · Comments Off on Mitigation: Discussions in Contracts · Contracts, Lawdibles Audio
This podcast by Professor Scott J. Burnham explores the basic concept of mitigation, or, as it is sometimes called, avoidable consequences, which is used in computing damages. Mitigation is a principle that can limit a plaintiff’s recovery in a claim for breach of contract. The principle is stated in Restatement (Second) of Contracts § 350(1). The […]
Tags:§ 2-704·§ 350(1)·avoidable consequences·Luten Bridge Co·mitigation·Rockingham County·Rockingham County v. Luten Bridge Co.
Tortious Interference: Discussions in Torts
February 22nd, 2021 · Comments Off on Tortious Interference: Discussions in Torts · Lawdibles Audio, Torts
The topic of this podcast by Professor Scott J. Burnham is Tortious Interference – when one of the parties to a contract claims that a third party wrongfully interfered with the contract by inducing the other party to breach. The rule for when tortious interference arises after a contract can be found in Restatement (Second) […]
Tags:§ 766·§ 767·Inc·Inc. v. Pennzoil Co·MEA·Pennzoil Co·Phillips·Phillips v. MEA·Texaco·The Insider·tortious interference
