Uniform Commercial Code, U.C.C., Evidentiary proof, Presumptions, Burden of proof, Burden of persuasion, Burden of production, Jury instructions, Proof of facts at trial
Commercial Law | Contracts | Evidence | Litigation
The Uniform Commercial Code does not offer a systematic approach to the rules governing the evidentiary relationships of parties to commercial litigation. In this article, Professors Allen and Hillman present a general analytical approach to proof rules, highlight the shortcomings of the Code's evidentiary provisions, and discuss the inevitable confusion in the case law construing the Code. They propose an amendment to the Code designed to clarify and improve the Code approach.
Allen, Ronald J. and Hillman, Robert A., "Evidentiary Problems In--and Solutions For--The Uniform Commercial Code" (1984). Cornell Law Faculty Publications. Paper 560.
Ronald J. Allen & Robert A. Hillman, "Evidentiary Problems In--and Solutions For--The Uniform Commercial Code", 1984 Duke Law Journal (1984)