A Look at a Strict Construction of Section 2-207 of the Uniform Commercial Code From the Seller's Point of View or What's So Bad About Roto-Lith?

Authors

Thomas E. Liggett

Abstract

This is an examination of the workings of section 2-207 of the Uniform Commercial Code in the form contract between merchants. More specifically, the literal interpretation of the Section is to be investigated as to its effect on the practical formation of the sales contract A basic assumption of this comment is that the terms of the Code which may, under section 2-207 be "read into" a contract, are repugnant to the seller. This, I think, is obvious. It should, however, be kept in mind that, between merchants, both parties may be assumed to be "big boys." Therefore, the problem of the mammoth corporation taking advantage of the helpless consumer, the overriding justification for the Code's implied warranties and full spectrum of Buyer's remedies, is not present.

Recommended Citation

Liggett, Thomas E. (1975) "A Look at a Strict Construction of Section 2-207 of the Uniform Commercial Code From the Seller's Point of View or What's So Bad About Roto-Lith?," Akron Law Review: Vol. 8: Iss. 1, Article 7.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol8/iss1/7