The topic of this podcast is which party will prevail in a competition for collateral as between buyers of the collateral and secured parties.
Read moreThe topic of this podcast is the identification of the elements of a claim for breach of contract and the primary sources of contract law. From a legal perspective, the word contract refers to a promise or set of promises for which the law gives a remedy. The primary sources of contract law include the common law and statutory law. The common law is represented first by the decisions of courts. Second, the common law also includes, with a lesser status than court decisions, the Restatement (Second) of Contracts and books and articles written about contract law. The statute most often applicable in the area of contracts is Article 2 of the Uniform Commercial Code (sometimes called the UCC).
Read moreThe topic of this podcast is to identify when a purchase money security interest (“PMSI” or PIM-zee) has been created and to identify fact patterns that frequently appear on law school and bar examinations where it is significant that a security interest is a PMSI. Remember, a PMSI is simply a specific type of security interest.
Read moreThe topic of this podcast is: (1) when a person that takes an instrument from a fiduciary has notice of the breach of fiduciary duty; and (2) when a representative is bound individually on an instrument.
Read moreThe topic of this podcast is the relationship between the liability that parties have on an underlying contractual obligation and an instrument that is taken as payment for the same obligation, including using an instrument to achieve an
Read moreThe topic of this podcast is the Parol Evidence Rule.
Read moreThis podcast discusses the importance of collegiality and professionalism in law school and in practice, and gives concrete tips on how to practice being more professional, cooperative, and respectful in your everyday interactions.
Read moreThis podcast discusses the priority between a secured party and a party with a lien, including a judicial lien creditor, a creditor with a lien arising by operation of law, a creditor with an agricultural lien, and the IRS with a tax lien. The podcast discusses the relationship between Bankruptcy Code § 544(a), often referred to as “the strong arm clause," and a PMSI (Purchase Money Security Interest).
Read moreLaw school is a vastly different experience from undergraduate work. In this podcast, four Academic Support professionals reflect on what came as a surprise to them when they entered law school, and share things they wish they would have known then.
Read moreThe topic of this podcast is when contract modifications are not enforceable due to the pre-existing duty rule. Consideration is required to support enforcement of an agreement, including a modification to an agreement. In this podcast, we will look at when the pre-existing duty rule renders modifications unenforceable and when the modern common law rule and the rule of UCC § 2-209 permit enforcement of some modified agreements in the absence of new consideration.
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