Coordination of the Uniform Commercial Code and Common Law

58 Pages Posted: 18 Nov 2021 Last revised: 6 Nov 2023

Date Written: October 20, 2023

Abstract

Deciding whether an issue that is in the ambit of a statute should be resolved by reference to the statute alone, or whether other sources of law should be applied, is a common interpretative task. The Uniform Commercial Code ("UCC") contains rules of interpretation that address the subject, and those rules have not been altered since the UCC was first generally enacted. Nevertheless, questions often arise on the subject under the UCC. This paper examines the UCC rules on point. The analysis is germane to the interpretation and drafting of other statutes that codify rules of private law.

Keywords: uniform commercial code, statutory interpretation, uniform laws

Suggested Citation

Kettering, Kenneth C., Coordination of the Uniform Commercial Code and Common Law (October 20, 2023). University of Cincinnati Law Review, Vol. 92, pp. 31-88, 2023, Available at SSRN: https://ssrn.com/abstract=3964328 or http://dx.doi.org/10.2139/ssrn.3964328

Kenneth C. Kettering (Contact Author)

Visiting Professor at Large ( email )

14 Midhurst Road
Short Hills, NJ 07078
United States

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