Patterns of Drafting Errors in the Uniform Commercial Code and How Courts Should Respond to Them

Abstract:     
This article identifies eight recurring patterns of drafting in the Uniform Commercial Code (UCC). For each of these patterns, and for other idiosyncratic errors, the article recommends specific judicial responses. These responses take advantage of many of the UCC's unique characteristics. While the problem of drafting errors in the UCC may seem minor in light of the model code's high overall quality, the suggested responses can lead to a more efficient and effective application of the statute.

Keywords: UCC, U.C.C., Uniform Commercial Code, legislative drafting, drafting errors, statutory interpretation

JEL Classifications: K12

Accepted Paper Series