Directory

Full-Time Faculty

Howard Foss

Professor of Law

  • A.B., Harvard College, cum laude
  • J.D., University of California at Berkeley

Contact Information

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Tel. 714.444.4141 ext. 223
Fax. 714.444.1854
Building Two, Room 223

Professor Howard Foss joined the faculty in 1979. He teaches commercial law courses and has focused his teaching and scholarship specifically on the Uniform Commercial Code. He has twice been elected teacher of the year by the graduating class.

His publications include a textbook on the Uniform Commercial Code, which he uses to introduce students to the field. He also publishes a series of columns for the California state bar explaining current developments in commercial law.

Professor Foss is a former Associate Dean for Academic Affairs at the law school. He has served as faculty advisor to the law review and as a coach of Whittier’s moot court team. Prior to coming to Whittier, he practiced commercial law at Bank of America and the Los Angeles law firm of Parker, Milliken, Clark, and O’Hara.

Books

  • Introduction to Commercial Law: Problems, Cases and Materials (6th ed 2009), published by William S. Hein & Co.
    (Earlier editions of the same work were published in 1990, 1992, 1994, 2000, and 2005.)

Articles

  • Proposed Standards for Evaluating When the Covenant of Good Faith and Fair Dealing Has Been Violated: A Framework for Resolving the Mystery, 47 Hastings L.J. 585 (1996).
  • Consequential Damages for Commercial Loss: An Alternative to Hadley v. Baxendale, 43 Fordham L. Rev. 665 (1994).
  • The Seller’s Right to Cure When the Buyer Revokes Acceptance: Erase the Line in the Sand, 16 So. Ill. U.L. Rev. 1 (1991).
  • Interpreting the Uniform Commercial Code: Methodologies Used, Misused and Unused, 20 Golden Gate U.L. Rev. 29 (1990).
  • The Effect of a Contractual Limited Remedy on a Disclaimer of Consequential Damages, 5 Com. Damages Rep. 103 (1990).
  • The Noncomplying Secured Party’s Right to a Deficiency, 21 U.C.C.L.J. 226 (1989).
  • When to Apply the Doctrine of Failure of Essential Purpose to an Exclusion of Consequential Damages: An Objective Approach, 25 Duquesne L. Rev. 551 (1987).
  • The Interplay Between Civil Code § 3440 and Commercial Code § 2402(2), 8 CEB CBLR 228 (1986).
  • California Courts of Appeal Survey – Commercial Law, 7 Whittier L. Rev. 1 (1985).
  • 1983 California Courts of Appeal Survey: Sales, Commercial paper, Bank Deposits and Collections and Secured Transactions, 6 Whittier L. Rev. 227 (1984).
  • 1981 California Courts of Appeal Survey: Sales, Commercial paper, and Secured Transactions, 4 Whittier L. Rev. 425 (1982)
  • Products Liability, Note, 61 Calif. L. Rev. 656 (1973).

Columns

  • Approximately 100 columns regarding current developments in commercial law in the California Business Law Reporter published by the California State Bar.

Professional Associations

  • State Bar of California, Section on Business Law
  • American Bar Association, Section on Business Law