Document Type

Article

Publication Date

2-1984

Keywords

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

Disciplines

Commercial Law | Contracts | Evidence | Litigation

Abstract

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.

Publication Citation

Ronald J. Allen & Robert A. Hillman, "Evidentiary Problems In--and Solutions For--The Uniform Commercial Code", 1984 Duke Law Journal (1984)

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