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The Unclear Scope of Unconscionability in FDUTPA
https://www.floridabar.org/the-florida-bar-journal/the-unclear-scope-of-unconscionability-in-fdutpa/
WEBThe most familiar unconscionability statute is F.S. §672.302, the UCC Article 2 (Sales) unconscionability provision. its terms 31 this statute makes unconscionability a defense to enforcement of a contract, but not a claim for recovery of damages.
DA: 72 PA: 65 MOZ Rank: 31
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The International Contract: Knowing When, Why, and ... - The Florida Bar
https://www.floridabar.org/the-florida-bar-journal/the-international-contract-knowing-when-why-and-how-to-opt-out-of-the-united-nations-convention-on-contracts-for-the-international-sale-of-goods/
WEBMay 5, 2002 · Article 2 of the convention expressly states that the convention does not apply to the sale of goods for personal family or household uses unless the seller, at any time before or at the conclusion of the contract, neither knew nor ought to have known that the goods were bought for such use. 13 Also excluded from the convention is the sale of ...
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The UN Convention on Contracts for the International Sale of …
https://www.floridabar.org/the-florida-bar-journal/the-un-convention-on-contracts-for-the-international-sale-of-goods-its-not-your-fathers-uniform-commercial-code/
WEBJun 6, 2011 · Also note that art. 2 of the CISG provides that the convention does not apply to sales of goods purchased for personal, family, or household use; goods purchased at auction; securities, negotiable instruments, or money; ships, vessels, aircraft, or “hovercraft”; and electricity.
DA: 61 PA: 32 MOZ Rank: 88
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The Magic of Privity in Express Product Warranty ... - The Florida Bar
https://www.floridabar.org/the-florida-bar-journal/the-magic-of-privity-in-express-product-warranty-claimsa-plaintiffs-perspective/
WEBDec 11, 2005 · First, the transaction under consideration is governed by Article 2 of the Uniform Commercial Code as adopted by Fla. Stat. §672.101, et seq., the statute which governs the sale of goods in this State. Second, while Eagle was not the actual seller of the machine, this is without significance. Fla.
DA: 15 PA: 37 MOZ Rank: 99
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Contractual Good Faith: Variations on the Theme of Expectations
https://www.floridabar.org/the-florida-bar-journal/contractual-good-faith-variations-on-the-theme-of-expectations/
WEBJan 1, 1998 · This article specifically excludes consideration of a merchant’s obligation of good faith under Article 2 of the Code (Fla. Stat. §672.103(1)(b)) or the good faith required of a holder in due course under Article 3 (Fla. Stat. §673.1031(1)(d)).
DA: 39 PA: 92 MOZ Rank: 46
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Legal Magic: Turning Real Property Foreclosures Into ... - The Florida Bar
https://www.floridabar.org/the-florida-bar-journal/legal-magic-turning-real-property-foreclosures-into-uniform-commercial-code-sales/
WEBA default under the loan secured by a pledge of the borrower’s ownership interest (stock, membership interest, or partnership interest) could permit the lender to acquire ownership of the property by acquiring ownership of the entity owning the property through a Uniform Commercial Code (UCC) foreclosure proceeding.
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With or Without Notice – Obtaining a Replevin Writ Prior to Final
https://www.floridabar.org/the-florida-bar-journal/with-or-without-notice-obtaining-a-replevin-writ-prior-to-final-judgment/
WEBDec 11, 2002 · Subsection (2) provides that the writ will issue if the court finds that the property is in danger of destruction, concealment, waste, removal, or transfer, or if the defendant has failed to make payment as agreed.
DA: 25 PA: 42 MOZ Rank: 88
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The Qualifying Provider Rule, Referrals, and Fee Splitting
https://www.legalfuel.com/the-qualifying-provider-rule-referrals-and-fee-splitting/
WEBJul 27, 2020 · REFERENCED RESOURCES: Ethics. Qualifying Provider Rule: Changes, requirements, & Q&A; Ethics Informational Packets – incl. Interstate Law Firms, Referral Fees, Of Counsel, Legal Assistants and Nonlawyer Employees, etc.; Rules Regulating The Florida Bar; Ethics Hotline: 800.235.8619; The Florida Bar Lawyer Referral Service
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The Great Escape: How to Draft Exculpatory Clauses That Limit …
https://www.floridabar.org/the-florida-bar-journal/the-great-escape-how-to-draft-exculpatory-clauses-that-limit-or-extinguish-liability/
WEBNov 10, 2001 · This article examines how Florida courts interpret exculpatory language as utilized in releases, waivers of liability, assumption of risk and indemnification agreements as well as other types of contracts.
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Deconstructing Warranties in the Construction Industry
https://www.floridabar.org/the-florida-bar-journal/deconstructing-warranties-in-the-construction-industry/
WEBApr 4, 2009 · A brief overview of statutory implied warranties is given here, as each one can be further discussed in its own article. The Uniform Commercial Code, codified at F.S. Ch. 672, governs transactions involving the sale of goods, logically including transactions involving construction materials and components. The UCC contains implied warranties …
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