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

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.

Number of Pages in PDF File: 15

Keywords: electronic commerce, UCC, sales

JEL Classification: K12, K2

Accepted Paper Series