commercial transactions

Exclusive Dealing Arrangement

Definition

Exclusive dealing arrangements are essentially requirements contracts in which a seller agrees to sell all or a substantial portion of its products or services to a particular buyer, or when a buyer similarly agrees to purchase all or a portion of its requirements of a product or service from a particular seller. 

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Tying arrangement

Definition

An agreement in which the seller conditions the sale of one product (the "tying" product) on the buyer's agreement to purchase a separate product (the "tied" product) from the seller.   Alternatively, it is also considered a tying arrangement when the seller conditions the sale of the tying product on the buyer's agreement not to purchase the tied product from any other seller.  See Eastman Kodak v. Image Technical Services, Inc., 504 U.S. 541 (1992).

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Secured transactions

Secured Transaction Law: an overview

A security interest arises when, in exchange for a loan, a borrower agrees in a security agreement that the lender (the secured party) may take specified collateral owned by the borrower if he or she should

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Sales

Sales Law: an overview

Transactions for the sale and leasing of goods is governed mainly by sales laws of each state. Every state, with the exception of Louisiana, has adopted Article Two of the Uniform Commercial Code (UCC) as the main body of law regulating transactions in goods. Goods are defined as all things movable and identified to the contract of the sale.

Debtor and Creditor

debtor and creditor: an overview

Debtor-creditor law governs situations where one party is unable to pay a monetary debt to another. There are three types of creditors. First are those who have a lien against a particular piece of property. This property (or proceeds from its sale) must be used to satisfy the debt to the lien-creditor before it can be used to satisfy debts to other creditors. A lien may arise through statute, agreement between the parties, or judicial proceedings.

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U.S. Constitution and Federal Statutes

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Banking

banking: an overview

Banks and bank accounts are regulated by both state and federal statutes. Bank accounts may be established by national and state chartered banks and savings associations. All are regulated by the law under which they were established.

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Federal Material

Federal Statutes

Federal Agency Regulations

  • Title 12 of the Code of Federal Regulationscontains federal agency regulations that concern banks and banking.
    • Chapter I of that title contains regulations promulgated by the Comptroller of the Currency, Department of the Treasury.
    • Chapter II, regulations governing the Federal Reserve System.
    • Chapter III, the regulations of the Federal Deposit Insurance Corporation.
    • Chapter V, the regulations of the Office of Thrift Supervision of the Department of the Treasury.
    • Other chapters contain contains the regulations of the Export-Import Bank, Farm Credit Administration, Natural Credit Union Administration, Federal Financing Bank, Federal Finance Institutions Examination Council, Farm Credit System Insurance Corporation, Thrift Depositor Protection Oversight Board, and the Resolution Trust Corporation.

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  • Good Starting Point in Print: Ann Graham et al., Banking Law, Matthew Bender Inc. and Company, New York, NY (1981, with updates)

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