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.
Recommended Citation
Allen, Ronald J. and Hillman, Robert A., "Evidentiary Problems In--and Solutions For--The Uniform Commercial Code" (1984). Cornell Law Faculty Publications. 560.
https://scholarship.law.cornell.edu/facpub/560
Publication Citation
Ronald J. Allen & Robert A. Hillman, "Evidentiary Problems In--and Solutions For--The Uniform Commercial Code", 1984 Duke Law Journal (1984)