Note: This page may be updated from time to time. You should check it periodically for updated citation references as you work through the Problems in Chapters 11 - 21 of the printed handout.
To help understand the structure and content of UCC Article 9 the following list of citations to particular sections of Article 9 that bear on the printed problems in the handout may be helpful. Please remember that the printed problems are your "homework." The questions presented in class will not necessarily be exactly the same as the printed problems but, if you understand the "how and why" of the printed problems, you should be able to handle the questions presented in class.
Problem 11-1: §§ 1-201(b)(35); 1-203; 9-102; 9-203 Problem 11-2: §§ 9-203, 2-501 Problem 11-3: § 9-109
Problem 12-1(1) - 12-1(15)): § 9-102 Problem 12-1(16): §§ 9-102 & 9-507(b) Problem 12-1(23) - 12-1(24): §§ 9-102, 1-201 Problem 12-1(25) - 12-1(26): § 9-102 Problem 12-1(27) - 12-1(28): §§ 9-102, 8-102 Problem 12-1(29): § 9-102 Problem 12-1(30): §§ 9-102, 9-109(a)(3) Problem 12-1(31): § 9-102 Problem 12-2(a): §§ 9-102(a)(47), 9-203(b), 9-312(a), 9-313, 9-310(b)(6) Problem 12-2(b): §§ 9-312(a), (e) & (h), see also 9-308(c) Problem 12-2(c): §§ 9-102(a)(29) & (59), 9-104, 9-109(d)(13), 9-310(a), 9-312(b) & 9-314 Problem 12-3: §§ 9-102(a)(30), 9-310(b)(6), 9-312(a) Problem 12-4(a): §§ 9-102(a)(11) & (23), 9-103(a), 9-309(1) & 9-310(b) Problem 12-4(b): §§ 9-102(a)(11), 9-109(a)(3) Problem 12-4(c): §§ 9-102(a)(11), 9-109(a)(1) Problem 12-5: §§ 9-102(a)(48), 9-310(b)(3), 9-311(a) & (d) Problem 12-6: §§ 9-303, 9-311(b) Problem 12-7: §§ 9-315(a), (c) & (d) Problem 12-8: See Financing Statement form Problem 12-9: §§ 9-301, 9-307(b)(1) & 9-501(a)(2) Problem 12-10(1): §§ 1-201(b)(25), 9-301(1), 9-307(e) & 9-501(a)(2). See also 9-503. Problem 12-10(2): §§ 9-307(b) & (c) & 9-501 Problem 12-10(3): §§ 9-307(b)(2) & (c) & 9-501(b) Problem 12-10(4): §§ 1-201(b)(25), 9-102(a)(70), 9-301(1), 9-307(b)(2), 9-501(b) & 9-516(b)(5)(C)(iii) Problem 12-10(5): § 9-507(c) Problem 12-11: §§ 9-307(a) & 9-507(a) & citations in Problem Problem 12-12: § 9-204(b) & FTC Credit Practices Rule, 16 C.F.R. § 444.2 in Selected Commercial Statutes volume Problem 12-13: § 9-204(c) Problem 12-14(a): § 9-203 Problem 12-14(b): § 9-203 Problem 12-14(c): §§ 1-204 & 9-513(c) Problem 12-14(d): § 1-204 Problem 12-15(a): §§ 9-301, 9-501 Problem 12-15(b): § 9-315(d) Problem 12-15(c): § 9-315(d). See also § 9-340. As to whether the horse might be "Poultry," see Regina v. Ojibway below. Problem 12-15(d): § 9-203(f) Problem 12-15(e): § 9-501 Problem 12-15(f): § 9-507(b)
Problem 13-1: §§ 9-310, 9-514 Problem 13-2: § 9-309 Problem 13-3: §§ 9-308, 9-309 Problem 13-4: § 9-309 Problem 13-4: § 9-310
Problem 14-1(a): §§ 1-201(b)(9), 9-315(a), 9-320(a)
Problem 14-1(b): Same as 14-1(a)
Problem 14-1(c): Same as 14-1(a)
Problem 14-1(d): Same as 14-1(a)
Problem 14-1(e): Same as 14-1(a)
Problem 14-1(f): §§ 1-201(b)(9) [Rev. 1-201(b)(9)], 9-315(a),
9-320(b)
Problem 14-1(g): § 9-315(e)
Problem 14-1(h): §§ 1-201(b)(9)], 9-315(a), 9-320(b)
Problem 14-1(i): § 9-331
Problem 14-1(j): §§ 1-201(b)(9), 6-102(c), 9-320(a)
Problem 14-1(k): No specific Code sections, but consider § 9-315
Problem 14-1(l): §§ 1-201(b)(9), 9-320(e)
Problem 14-2(a): §§ 1-201(b)(9), 9-320(a)
Problem 14-2(b): No specific Code section, general common law,
but see FDIC v. Bowles Livestock Comm'n Co.,
739 F.Supp. 1364 (D. Neb. 1990)
Problem 14-2(c): See 7 U.S.C. § 1631 in the Selected Commercial
Statutes Volume
Problem 14-2(d): §§ 9-317(b) & (e)
Problem 14-3(a): §§ 9-203, 9-312, 9-313 & 9-331. See also §§
1-201(b)(6) & (16), 5-103(1), 5-114(3), 7-403,
7-501, 7-502, and 7-503. Similar situation discussed in In re
Schwinn Cycling and Fitness, Inc., 2003 WL 22213505 (D.
Colo., Sept. 23, 2003).
Problem 14-3(b): § 9.331
Problem 15-1(a): § 9.322(a) Problem 15-1(b): § 9.322(a) Problem 15-1(c): § 9.322(a), but note § 9-509(b)(1) Problem 15-1(d): § 9.324(a) Problem 15-1(d)(1): § 9.324(a) Problem 15-1(d)(2): § 9.103(f) - (h) Problem 15-1(e): § 9.324(b) & (c) Problem 15-1(f): § 9.322(a) Problem 15-1(g): § 9.323. See also §§ 9-339, 9-513 & 9-514 Problem 15-1(h)(1): §§ 9-316(d) & (e). See also 1-201(b)(31) and Example 8 in 9-316, Comment 5 Problem 15-1(h)(2): §§ 9-316(e) & 9-337(2) Problem 15-1(h)(3): §§ 9-337(1), 9-316(e) & 9-317(b) Problem 15-1(h)(4): §§ 9-311 & 9-313 and Comment 7 in each Problem 15-2(a): §§ 9-312(f), 9-323(a) & Comment 3, Example 2 Problem 15-2(b): §§ 9-312(f), 9-323(a) Problem 15-3(a): § 9-330(a) & (b) and Comments 5 & 6 Problem 15-3(b): § 9-330 and Comments 9 & 10 Problem 15-3(c)(1): § 9-324(b) Problem 15-3(c)(2): §§ 9-330(a) & (b) & 9-322 Problem 15-4: §§ (As to old machine) 9-322(a); (As to new machine) 9-103 & 9-324(g) Problem 15-5: §§ 9-320(b), 9-309(1) & 9-322(a). See also circular priority solutions notes on krahmer.net Problem 15-6: § 9-325(a)
Problem 16-1(a): §§ 9-102(a)(52) & 9-317(a) Problem 16-1(b): §§ 9-102(a)(52) & 9-317(e) Problem 16-2(a): §§ 9-102(a)(42) & 9-317(d) Problem 16-2(b): § 9-109(c)(1) Problem 16-3(a): § 9-312(a) & (g) Problem 16-3(b): § 9-328(1) Problem 16-4: § 9-317(e) Problem 16-5(a): §§ 9-317(a)(2) & (e) & 9-324(a) Problem 16-5(b): §§ 9-317(a)(2) & (e) & 9-324(b)(1). See also circular priority soluntions notes on krahmer.net Problem 16-6(a): §§ 9-317(a)(2) & 9-323(b) Problem 16-7(a)-(c): § 9-333. See also Tex. Prop. Code, ch. 70 Problem 16-8: §§ 9-340 - 9-342References for Problems in Chapter 17 Problem 17-1: §§ 9-334 & 9-501 Problem 17-2: §§ 9-334(d) & (e) Problem 17-3: §§ 9-334(e) & (h) Problem 17-4: §§ 9-102(a)(53) & (54), 9-311 & 9-334(e) Problem 17-5: §§ 9-322(g) & 9-334(i) Problem 17-6: §§ 9-322(a), 9-324(e) & 9-335 Problem 17-7: § 9-336References for Problems in Chapter 18 We will omit Chapter 18References for Problems in Chapter 19 Problem 19-1: § 9-317(a) & Bankruptcy Code §§ 301 & 544 Problem 19-2: § 9-317(a) & Bankruptcy Code §§ 303, 362(a)(4) & (b)(3), 544 & 546(b) Problem 19-3: § 9-309(a) & Bankruptcy Code § 544 Problem 19-4: §§ 9-312(e), 9-316(a) & 9-515 & Bankruptcy Code §§ 362, 544 & 546 Problem 19-5: Bankruptcy Code §§ 544 & 547 Problem 19-6: Bankruptcy Code §§ 544 & 547(e)(2)(B) Problem 19-7: Bankruptcy Code § 547(c)(3) Problem 19-8: Bankruptcy Code § 547(c)(1) Problem 19-9: Bankruptcy Code § 547(c)(2) Problem 19-10: Bankruptcy Code § 547(e)(3) & (c)(3) Problem 19-11: Bankruptcy Code § 547(c)(5) Problem 19-12: Bankruptcy Code § 551 Problem 19-13: Bankruptcy Code § 552 Problem 19-14: Bankruptcy Code §§ 362, 363 & 552, see also Citizens Bank of Maryland v. Strumpf, 116 S.Ct. 286 (1995)References for Problems in Chapter 20 Problem 20-1: §§ 9-207, 9-208, 9-210, 9-625(b) & 9-625(f) Problem 20-2: § 9-601 Problem 20-3: § 9-609 Problem 20-4: §§ 9-207, 9-602(1) & 9-623 Problem 20-5: §§ 9-620 & 9-621 Problem 20-6: §§ 9-610, 9-611, 9-612, 9-613, 9-614, 9-615, 9-616, 9-625 & 9-626 Problem 20-7: 9-617 & 9-618References for Problems in Chapter 21 Problem 21-1: § 1-201(35) Problem 21-2: § 1-203
Opinion by Blue, J.
Fred Ojibway, an Indian, was riding his pony through Queen's Park on January 2, 1965. Being impoverished, and having been forced to pledge his saddle, he substituted a downy pillow in lieu of the said saddle. On this particular day the accused's misfortune was further heightened by the circumstance of his pony breaking its right foreleg. In accord with Indian custom, the accused then shot the pony to relieve it of its awkwardness.
The accused was then charged with having breached the Small Birds Act, sec. 2 of which states:
Anyone maiming, injuring or killing small birds is guilty of an offense and subject to a fine not in excess of two hundred dollars.
The learned magistrate acquitted the accused, holding in fact, that he had killed his horse and not a small bird. With respect I cannot agree.
In Light of the definition section my course is quite clear. Section 1 defines "bird" as a "two legged animal covered with feathers." There can be no doubt that this case is covered by this section.
Counsel for the accused made several ingenious arguments to which, in fairness, I must address myself. He submitted that the evidence of the expert clearly concluded that the animal in question was a pony and not a bird, but this is not the issue. We are not interested in whether the animal in question is a bird or not, in fact, but whether it is one in law. Statutory interpretation has forced many a horse to eat birdseed for the rest of its life.
Counsel also contended that the neighing noise emitted by the animal could not possibly be produced by a bird. With respect, the sounds emitted by an animal are irrelevant to its nature, for a bird is no less a bird because it is silent.
Counsel for the accused also argued that since there was evidence to show accused had ridden the animal, this pointed to the fact that it could not be a bird, but was actually a pony. Obviously, this avoids the issue. The issue is not whether the animal was ridden or not, but whether it was shot or not, for to ride a pony or a bird is no offense at all. I believe that counsel now sees his mistake.
Counsel contends that the iron shoes found on the animal decisively disqualify it from being a bird. I must inform counsel, however, that how an animal dresses is of no concern to this Court.
Counsel relied on the decision in In Re Chicadee, where he contends that in similar circumstances the accused was acquitted. However, this is a horse of a different color. A close reading of that case indicates that the animal in question there was not a small bird, but, in fact, a midget of a much larger species. Therefore, that case is inapplicable to our facts.
Counsel finally submits that the word "small" in the title Small Birds Act refers not to "Birds" but to "Act," making it the Small Act relating to Birds. With respect, counsel did not do his homework very well, for the Large Birds Act * * * is just as small. If pressed, I need only refer to the Small Loans Act * * * which is twice as large as the Large Birds Act.
It remains then to state my reason for judgment which, simply, is as follows: Different things may take on the same meaning for different purposes. For the purpose of the Small Birds Act, all two-legged, feather-covered animals are birds. This, of course, does not imply that only two-legged animals qualify, for the legislative intent is to make two legs merely the minimum requirement. The statute therefore contemplated multilegged animals with feathers as well. Counsel submits that, having regard to the purpose of the statute, only small animals "naturally covered" with feathers could have been contemplated. However, had this been the intention of the legislature I am certain that the phrase "naturally covered" would have been expressly inserted just as "Long" was inserted in the Longshoreman's Act.
Therefore, a horse with feathers on its back must be deemed for the purposes of this Act to be a bird, and a fortiori, a pony with feathers on its back is a small bird.
Counsel posed the following rhetorical question: If the pillow had been removed prior to the shooting, would the animal still be a bird? To this, let me answer rhetorically: Is a bird any less of a bird without its feathers?