Uniform Commercial Code Posts

Amazon as a Seller of Marketplace Goods Under Article 2

This Article looks at Amazon’s liability as a “seller” of unmerchantable goods under Article 2 of the Uniform Commercial Code. Thus far, litigants and courts have almost exclusively focused on Amazon’s liability in tort. This piece, however, argues that there is a compelling argument that Amazon is liable for defective third party goods because it is a merchant seller under § 2-314 of the Uniform Commercial Code.

Automating Repossession

Automating Repossession addresses a question that has no clear answer in commercial law – does a creditor have the right to remotely disable collateral upon its debtor’s default? As physical goods are increasingly connected to online networks in ways that allow their sellers to control their use, it is possible for secured lenders to deploy a remote and automated repossessor to disable tangible collateral in the event of a borrower’s default. Article 9 of the Uniform Commercial Code, which allows a secured creditor to repossess collateral upon its debtor’s default without resorting to the courts only if it can do so without a breach of the peace, does not address this practice.