While certainly not a question of first impression, the Michigan Court of Appeals' ruling in McNeal v Blue Bird Corp, Case No 308763 (June 12, 2014) was, nonetheless, eye-opening.
In issuing its decision, the appellate court reminded everyone that while the Michigan Uniform Commercial Code (UCC) allows parties to a contract to adjust the statute of limitations as permitted in MCL 440.2725(1), any such change must be in a manner that is conspicuous to the buyer.
Indeed, attempts to limit the right to sue to a period less than that provided by §2725(1) must STAND OUT – just as limitations placed on the implied warranty of merchantability under MCL 440.2316(2) are required to be in a conspicuous writing.
This is not a new concept but certainly one worth revisiting if it has been a while since you reviewed your contract forms.
PartnerMatthew J. Boettcher is a member of Plunkett Cooney's Board of Directors and serves as Leader of the firm's Commercial Litigation Practice Group. Mr. Boettcher, who practices in the Bloomfield Hills office, represents clients in ...
Add a comment
Topics
- Commercial Liability
- Business Risk Management
- Contracts
- Commercial Real Estate
- Real Estate
- Commercial Loans
- Tax Law
- Commercial Leasing
- Personal Tax Controversy
- Alternative Dispute Resolution (ADR)
- Artificial Intelligence
- Business Torts
- Business Tax Controversy
- Civil Litigation
- Attorney-client Privilege
- Defamation
- COVID-19
- Bankruptcy
- Property tax
- Real Estate Mortgages
- Coronavirus
- Banking Law
- Mortgage Foreclosure
- Standing
- Risk Management
- Fraud Activity
- Cyber Attack
- Lending
- Shareholder Liability
- Facilitation
- Appellate Law
- Insurance
- Trade Secrets
- Litigation Discovery
- Corporate Formation
- Cybersecurity
- Cryptocurrency
- Regulatory Law
- Statute of Limitations
- Damages Recovery
- privacy
- e-Discovery
- Noncompete Agreements
- Class Action
- Pensions
- Product Liability
- Biometric Data
- e-Commerce
- Internet Law
- Consumer Protection
- Residential Liability
- Venue
- Zoning and Planning
- Clawback
- Department of Education (DOE)
- Receiverships
- Fair Debt Collection Practices Act
- Fair Credit Reporting Act
- Garnishments
- Unfair Competition
- Uniform Commercial Code (UCC)
Recent Updates
- Buying Into an LLC? Make Sure You Read the Fine Print
- Michigan Appellate Court Draws Line in AI Hallucination Case Barber v. Morawa
- When a Forged Deed Doesn't End the Story: What Toure v. Davis Means for Good-Faith Property Improvers in Michigan
- AI and the Unintended Consequences of Immediate Analysis
- Afroman Case Teaches Business Owners Lessons on Defamation, Free Expression
- Is Arbitration the Right Call for Your Business Contract Needs?
- The Million Dollar Question: Who Pays the Attorney’s Fees?
- When is Performance Excused due to Contractual Impossibility?
- Why Delinquent Taxpayers Should Circle the IRS Collection Statute Expiration Date on Their Calendars
- How the Reversal of Chevron will Impact the IRS
