The Uncertain Scope of Revised Article 9's Statutory Prohibition of Exculpatory Breach of Peace Clauses

Authors

Michael Korybut

Abstract

What length may an agent for a secured lender with a lien on a debtor’s personal property go to in order to repossess the debtor property to satisfy the debt? Wombles Charters, a 1990 New York case decided under Article 9 of the Uniform Commercial Code, was the first in a trilogy to condone the use of exculpatory repossession clauses allowing actions that would otherwise amounted to a breach of the peace. In 2001, Article 9 received a makeover that many presumed would invalidate Wombles carve outs yet, there is virtually no case law on the subject. This has led academics to disagree about whether a Womble-like clause would survive judicial scrutiny under Revised Article 9. This Article takes up the challenge and sorts through the fray of arguments underlying the differing positions.

Recommended Citation

Michael Korybut, The Uncertain Scope of Revised Article 9's Statutory Prohibition of Exculpatory Breach of Peace Clauses, 10 Hastings Bus. L.J. 271 (2014).
Available at: https://repository.uclawsf.edu/hastings_business_law_journal/vol10/iss2/1