Abstract
Once an appreciation of section 9-315's intended breadth is triggered, however, troublesome questions arise regarding its application. Because these questions are not answered in section 9-315 itself, this section must be analyzed in light of its common law origins and the general policies of Article 9. Part I of this Article therefore examines the historical origins of section 9-315 through a discussion of the common law doctrines of accession, specification, and confusion-property doctrines firmly rooted in civil and common law that retain a surprising vitality under the Code. Part II explores the drafting history of section 9-315, noting trends in earlier drafts that help delineate the precise contours of the security interest created. Part III analyzes the mechanics of section 9-315 in detail, initially focusing on the cliff erent ways a security interest can attach to a product or mass under subsections (l)(a) and (l)(b). It next explains why a secured party's interest in a section 9-315 product should extend to the full amount of the secured debt while an interest in a confused mass should be limited to the value of the commingled collateral. It then argues that although a preconfusion purchase money security interest in goods should continue in a confused mass, pre-affixation purchase money status should terminate when goods are assembled into a section 9-315 product. Finally, Part IV examines the applicability and application of the priority rule in subsection (2) and explains why it should apply only when conflicting interests in the end product or mass have each attached under subsection (1).
Document Type
Article
Publication Date
1985
Recommended Citation
David Frisch, U.C.C. Section 9-315: A Historical and Modern Perspective, 70 Minn. L. Rev. 1 (1985).