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
- Contracts
- Business Risk Management
- Commercial Real Estate
- Alternative Dispute Resolution (ADR)
- Commercial Loans
- Commercial Leasing
- Tax Law
- Personal Tax Controversy
- Business Torts
- Business Tax Controversy
- Civil Litigation
- COVID-19
- Property tax
- Bankruptcy
- Real Estate
- Real Estate Mortgages
- Banking Law
- Coronavirus
- Standing
- Mortgage Foreclosure
- Lending
- Risk Management
- Facilitation
- Fraud Activity
- Cyber Attack
- Appellate Law
- Shareholder Liability
- Trade Secrets
- Litigation Discovery
- Corporate Formation
- Insurance
- Cryptocurrency
- Regulatory Law
- Cybersecurity
- Damages Recovery
- Statute of Limitations
- 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
- 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
- IRS Passport Denial and Revocation Program - What you Need to Know and how to Reclaim Your Passport
- Understanding the Federal Taxpayer Advocate Service and Taxpayer Bill of Rights
- Innocent v. Injured Spouse Relief: A Guide for Navigating Complex Tax Issues After Marital Changes
- Understanding Joint Filing and Innocent Spouse Relief - A Guide for Married Taxpayers
- Obtaining Injured Spouse Relief from Federal Income Tax Liability