Chapter 13 - Shawnae Cristobal Legal Aspects of the...

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Shawnae Cristobal Legal Aspects of the Business Process Professor Schulz April 15, 2010 Chapter 13: Secured Transactions and Bankruptcy (2,3,5,7,10) 2. The court finds that, on its face, the August 2, 1985 agreement is a contract for sale/security agreement; further, the agreement itself contains a merger clause, barring consideration of parol evidence regarding the parties' intent in this transaction. As a matter of Kansas law generally, construction of an unambiguous contract is a matter for the court; the intention of the parties is to be determined from the four corners of the instrument. The court further finds that Sellers and Ables could not modify plaintiff's perfected security interest by the subsequent agreement of December 17, 1986 since that section provides that a security interest continues in collateral "notwithstanding sale, exchange or other disposition thereof unless the disposition was authorized by the secured party." It is undisputed that no such authorization was given in this case.
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This note was uploaded on 04/13/2010 for the course BUSINESS 15643 taught by Professor Schilz during the Spring '10 term at École Normale Supérieure.

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Chapter 13 - Shawnae Cristobal Legal Aspects of the...

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