Tag: article 2

Ninth Circuit Decision Casts Doubt on Merchantability Claim in CSPI Suit Against Denny’s

The recent case against Denny's brought by the Center for Science in the Public Interest in New Jersey claims that food was inadquately labeled in violation of the implied warranty of merchantability. A recent Ninth Circuit case indicates that this claim should fail because there was no specific contract between the plaintiff and Denny's requiring that food be labeled to plaintiff's satisfaction.… Continue Reading

Settlements and Implied Warranties

Article 2 of the Uniform Commercial Code contains powerful tools for buyers and sellers of food and other goods.  A recent case out of the Georgia Supreme Court emphasizes the critical gatekeeper function of the scope section of Article 2, Section 2-102.  This section provides: Unless the context otherwise requires, this Article applies to transactions … Continue Reading

The Uniform Commercial Code and Food Recalls

Article 2 of the Uniform Commercial Code ("UCC") is the source for determining the contract rights between parties, often including completely innocent parties, involved in a product recall. The terms of the parties' contract, often subject to the so-called "battle of the forms" will determine their relative rights. The timing of the recall, whether it occurs before acceptance, during the time when a revocation of acceptance can still be possible, or when the only remaining claims are for breach of warranty, will also have a critical effect on the parties' relative rights.… Continue Reading
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