Uniform Commercial Code

Eastside Lawyers Group CLE: Friday, April 8th: Approaching and Interpreting the UCC, Presented by Robert LeVine

Wednesday, March 30th, 2011
PLEASE JOIN US FOR A CLE PROGRAM - Friday, April 8th, 2011
$20 includes lunch and CLE
Hyde Park Country Club – 3740 Erie Ave., Cincinnati, OH
 
12:00 – 1:00 pm CLE Presentation (1hr) - 
Approaching and Interpreting the UCC: The Basic Tools for Success
Presented by – Robert LeVine,  Author of “The Uniform Commercial Code Made Easy”
1:00 – 1:30 pm Lunch
 
The following are the main topics Robert will cover:
1. Reach of the Uniform Commercial Code
     a) State law enacted in all states and US territories
     b) Purpose of uniform laws
     c) Drafting of the Uniform Commercial Code
     d) Impacts billions of commercial transactions every day

Supreme Court clarifies accrual of interest

Thursday, December 3rd, 2009

R.C. 1343.02 provides that when a written instrument calls for the payment of interest, the interest accrues until the instrument is paid. In Mayer v. Medancic, 2009-Ohio-6190 [PDF], the Supreme Court was called upon to determine whether that statute permits compound interest, or only simple interest.

The Court held that the statute does not provide for compound interest, and that therefore only simple interest is available — unless the written instrument or some more specific statute provides otherwise. But the Court also held that interest accrues after default on all sums which were due and payable before the default; if the written agreement called for interest to be paid before the default, then R.C. 1343.02 allows interest to accrue on that prior interest (in addition to any principal, of course).


Twelfth District on oral modifications and waiver

Wednesday, November 11th, 2009

The Twelfth District has just released a thorough and well-reasoned opinion on “no-oral-modifications” clauses and whether such clauses can be waived.  The court addresses both UCC 2-209 and the fundamental principles underlying contract law.  The verdict?  Where a contract has a no-oral-modifications clause, that clause can be waived–and an oral modification can therefore be enforced–only if (1) the parties’ course of performance reflects the fact that a modification was made, and (2) the promisee detrimentally relied on the modification.

The case is Fields Excavating, Inc. v. McWane, Inc., 2009-Ohio-5925 [PDF].