The Check Guide - February 2008


Note to Readers

Legal Advice. This Guide is not intended to express any legal opinions or to provide legal advice. You should consult an attorney for legal advice.

Code Interpretations. You should refer to the actual code provisions that are cited in the text, as I have employed a degree of poetic license in summarizing and describing the law. Since the actual wording may be slightly different, I have added an index at the end to help you find your way.

California?s UCC. This Guide is based primarily on California?s version of the Uniform Commercial Code. California?s UCC varies in a few respects from the ?Official Text? of the uniform law employed by other states. For example, the words ?substantially contributes? are changed to ?contributes? in California?s version of Section 3406 (?Failure to Exercise Ordinary Care?). Note also: New York and South Carolina have not adopted the 1990 version of the UCC.

Case Code Citations. Readers should bear in mind that pre 1991 cases often refer to sections of the UCC that were relocated with the revised code in the 1990s (e.g., the warranty sections). Unless you keep this in mind, reading older cases can be a confusing experience. Note also that some states use a different UCC numbering system (e.g., in Virginia § 4208 warranties are found at § 4207).

Copies of This Guide. With appropriate attribution, please feel free to copy, use, and distribute this Guide as you wish to others.

Online, Searchable Copy. You can search this Guide by going to, clicking on ?White Papers,? clicking on ?2008 Check Guide,? and using the ?Search? button.


Gene Elerding

February 2008

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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