KANSAS COMMENT, 1996

1. The version of the Uniform Commercial Code that was first enacted in Kansas was the 1962 Official Text, enacted on April 23, 1965, effective January 1, 1966. In several places, the Code as enacted in Kansas contained minor variations from the Official Text. In 1966, the permanent editorial board of the Uniform Commercial Code recommended several changes in the Official Text. These were adopted by the Kansas legislature in 1967. In 1972, a new Official Text was published. This new text contained a substantial overhaul of Article 9, secured transactions, and made conforming amendments throughout the rest of the Code. Kansas adopted the 1972 Official Text in 1975, effective January 1, 1976. Since then, the legislature has made a number of significant changes to the Code. The revised Article 8 was adopted in 1986. The new Article 4a was adopted in 1990. Kansas enacted the revised Articles 3 and 4 in 1991. The new Article 2a on leases was adopted, effective February 1, 1992. Article 6 on bulk transfers was repealed in 1992. Finally, the revised Article 5, and amendments to Articles 8 and 9 were adopted in 1996. Several other non-uniform provisions have been added periodically throughout the Code.

2. The non-uniform provisions found in the Kansas Code, and the amendments to the Kansas Code enacted since the publication of the Kansas Comment 1983, are noted in the Kansas Comment 1996 throughout.

3. Article 1 contains general provisions and definitions that apply throughout the entire Code. Many of these definitions are new to Kansas law, and many substantially change existing law. In addition, each article also contains definitions that apply only to that article. It is important to understand this approach to Code terminology, since several terms are defined differently in different articles, and a term may have more than one meaning depending on the context in which it is used.

Revisor's Note:

Former section 84-1-101 was repealed by L. 2007, ch. 89, § 49 and the number reassigned to the current text.

Law Review and Bar Journal References:

Kansas law on statutes of limitation, 18 K.L.R. 441 (1970).

"URLTA, Kansas, and the Common Law," Michael J. Davis, 21 K.L.R. 387, 388, 389 (1973).

Landlord-tenant implied warranty of habitability, 22 K.L.R. 666, 669 (1974).

"Uniform Commercial Code: Deficiency Judgments in a Commercially Unreasonable Setting," Michael L. Happe, 22 W.L.J. 160 (1982).

CASE ANNOTATIONS

1. Mentioned in holding that security interest in vehicle perfected by lien notation on bill of sale. In re Littlejohn, 519 F.2d 356, 358.

2. Provisions of Code construed in suit against bank for negligence in the payment of checks with altered payees. Hanover Ins. Companies v. Brotherhood State Bank, 482 F. Supp. 501.

3. Secured creditor sale of collateral not in "commercially reasonable manner"; test. Westgate State Bank v. Clark, 231 Kan. 81, 90, 642 P.2d 961 (1982).

4. Where debtors and creditor did not enter into reaffirmation when debt discharged, creditor's lien did not survive discharge. In Re Williams, 9 B.R. 228, 229, 234 (1981).

5. Directed verdict for defendants erroneous; UCC applicable to transaction involving irrigation system with defective hose not manufactured by dealer. Stair v. Gaylord, 232 Kan. 765, 769, 659 P.2d 178 (1983).

6. Cited; implied warranties not extended to remote seller or manufacturer of product not inherently dangerous for economic loss without privity. Professional Lens Plan, Inc. v. Polaris Leasing Corp., 234 Kan. 742, 748, 755, 675 P.2d 887 (1984).

7. Creditor's failure to sell in good faith and commercially reasonable manner under 16a-5-103(1) not absolute bar to deficiency judgment hereunder. Medling v. Wecoe Credit Union, 234 Kan. 852, 861, 678 P.2d 1115 (1984).

8. Principles of law and equity and other validating or invalidating causes remain unless displaced by UCC; cash sale doctrine abolished. Iola State Bank v. Bolan, 235 Kan. 175, 179, 679 P.2d 720 (1984).

9. Cited; constitutionality of statute on debtor depriving creditor of creditor's own money (21-3734(1)(c)) examined. State v. Jones, 242 Kan. 385, 386, 748 P.2d 839 (1988).

10. Cited; superiority of partnership charging order (56-328) over assignment constituting prior unperfected security interest examined. City of Arkansas City v. Anderson, 242 Kan. 875, 883, 752 P.2d 673 (1988).

11. Cited; preemption of state law governing secured transactions by federal statutes examined. Rural Gas, Inc. v. North Central Kan. Prod. Cred. Corp., 243 Kan. 109, 113, 755 P.2d 529 (1988).

12. Although code does not apply to mortgages, legislature's intent is that territorial restrictions should not hinder commerce. Mark Twain Kansas City Bank v. Cates, 248 Kan. 700, 706, 810 P.2d 1154 (1991).

13. Definition of "signature" under code did not apply to case involving a guaranty. Airlines Reporting v. Travel Serv. Clearinghouse, 778 F. Supp. 1141 (1991).

14. Cited by dissent where majority found phrase "gambling place" in 21-4303 did not require showing of previous use. State v. Schlein, 253 Kan. 205, 225, 854 P.2d 296 (1993).