Abstract
For nearly seventy-five years, commercial law scholars and commentators have debated whether the foundations of commercial law, and especially the rules of title, are anchored in the principles of property or contracts. Even before the Uniform Commercial Code (UCC) was ever drafted, its primary author, Professor Karl Llewellyn, observed that “[t]he law of Sales, as is well known, is in one phase part of the law of contract, in another phase part of the law of property.” More than forty years later, Llewellyn’s UCC co-drafter, Professor Grant Gilmore, argued that as personal property became a more significant form of wealth, the law of sales became “a law of contract, which assumes exchange, not a law of property, which assumes stability.” Then, twenty years later, one of the codrafters of Revised Article 2 of the UCC argued that the report of “the death of property concepts in the UCC has been greatly exaggerated.”
Recommended Citation
Keating, Daniel
(2011)
"Examining UCC Title Battles
Through a Torts Lens,"
Utah Law Review: Vol. 2011:
No.
1, Article 10.
Available at:
https://dc.law.utah.edu/ulr/vol2011/iss1/10