Document Type
Article
Publication Date
1-1-1963
Abstract
During the past two years, the former Portland Law Review and the reestablished Maine Law Review have carried articles by Professor Babb commenting on many provisions of the uniform Commercial Code. The adverse tenor of Professor Babb's comments causes some concern lest his views serve as a source of restrictive interpretation in the event that the Code is enacted in Maine. It is unlikely that an alert and careful court, confronted with a problem requiring construction of a Code provision, would reach its decision by following the rationale of decisions overruled or made obsolete by the Code, or that it would ignore the stated purposes of the Code in seeking to ascertain the meaning of particular provisions. But the possibility exists that busy judges in courts of first instance might yield occasionally to the temptation to apply rules and principles from cases decided under an entirely different statutory scheme, to narrow the scope of Code provisions, especially where they might find support in doing so in scholarly criticism of the new legislation.
Publication Title
Maine Law Review
Volume
15
First Page
21
Keywords
Uniform Commercial Code
Recommended Citation
Frederick M. Hart,
In Defense of Certain Provisions of the Uniform Commercial Code Relating to Formation of Sales Contracts: A Partial Reply to Professor Babb,
15
Maine Law Review
21
(1963).
Available at:
https://digitalrepository.unm.edu/law_facultyscholarship/143
