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UNIFORM COMMERCIAL CODE LITIGATION [i] (PENNSYLVANIA 1960)

handle is hein.ali/alicc0179 and id is 1 raw text is: Introduction Among a relatively few people the Uniform Commercial Code has been a contro- versial piece of legislation. Unfortunately some of those who have been opposed to it are very important in the commercial world. Just how the controversy originated no one seems to know. The preparation of a Uniform Commercial Code was proposed in good faith as the only practical means of restoring uniformity to our commercial law and at the same time modernizing it. The N.I.L. and the Uniform Sales Act particularly, were drafted against the background of a commercial world entirely different from that of the mid-twentieth century. Experience had shown that it was very difficult to interest legislatures in enacting amendments to uniform acts and once amend- ments were proposed and adopted by a few states, uniformity disappeared. Further, practically everyone who was approached to contribute towards the cost of the proposed project enthusiastically and generously gave. It was only after almost ten years of work had been done on the Code that important opposition developed, not only to the Code as it was being written, but also to the idea that substantially all of our commercial law could be written into a single statute. Fortunately, when the Code was ready, Pennsylvania had a forward-looking Gov- ernor~and legislature, end a speciol Commercial Code Committee of the P- nnsylvania Bar Association and a legislative committee of the Pnnsylvenia Bankers Associa- tion which were willing to rpnder impartial and objective opinions on the Code notwithstanding predictions of dire disaster by a few non-Pennsylvanians who had, all of a sudden, become crusaders against the Code. The bankers and the lawyers endorsed the Code; tho legislature enacted it without a dissenting vote and thr Governor promptly signed it. It became effective on July 1, 1954. One of the loudest objrections to the Code outside of Pennsylvania was thrt it would give rise to endless litigation, especially because it used modern terms in describing commercial transactions and used realistic new concepts in dealing with them. The Code in its original form was in force in Pennsylvania for 5 years, until January 1, 1960 when it was superseded by the revised version . Professor Del Duca and Assistant Professor King of the Dickinson School of Law have performed a valuable service in collecting and preparing for publication every case in which a Pennsylvania court, - trial or appellate, - and a federal court sitting in Pennsylvania, - District Court or Court of Appeals, - has writ- ten an opinion relating to a transaction after the effective date of the Code in which the Code was even mentioned.

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