When “Equity” Runs Rampant In Determining Article 9 Priorities

LexisNexis (January 23, 2019, 1:59 PM EST) -- The most heavily litigated section in the entire UCC is 1-103, which states: “Unless displaced by the particular provisions of this Act, the principles of law and equity . . . shall supplement its provisions.” The purpose of the section is to allow the courts to fill gaps in the statute with recognized principles of law and equity. Because no statute can cover every point, the section makes good sense. In most cases, the courts are careful to use supplementary principles only as gap-fillers, not to “displace” the rules of the UCC. However, we have a number of horrible decisions under Article 9 where clear priority rules are obliterated in the name of “equity.” In this story, we offer a sampler of outrageous cases where the Article 9 priority rules were mangled by overuse of equitable principles imported through UCC 1-103....