Under the Surrounding Circumstances: Amended Article 2's Redundant (or Worse) Electronic Commerce Provisions

15 Pages Posted: 16 Jan 2007

See all articles by Jean Braucher

Jean Braucher

University of Arizona - James E. Rogers College of Law (Deceased)

Abstract

In a paper for a symposium on commercial calamities, the author takes aim at the electronic commerce provisions of proposed Amended Article 2 of the Uniform Commercial Code. With federal and uniform state law already in place, these provisions would only introduce complexity, confusion and dubious policy tilts on a few issues. So far this particular commercial calamity has been averted by the commercial catastrophe of the failed Article 2 amendment project, which has not been enacted anywhere. If Amended Article 2 can ever be fixed to address its many other problems, this paper argues that its electronic commerce provisions should be deleted.

Keywords: electronic commerce, UCC, sales

JEL Classification: K12, K2

Suggested Citation

Braucher, Jean, Under the Surrounding Circumstances: Amended Article 2's Redundant (or Worse) Electronic Commerce Provisions. Ohio State Law Journal, 2007, Arizona Legal Studies Discussion Paper No. 07-02, Available at SSRN: https://ssrn.com/abstract=957609

Jean Braucher (Contact Author)

University of Arizona - James E. Rogers College of Law (Deceased) ( email )

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