Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
2009 Government Contract Law Decisions Of The Federal Circuit, Daniel P. Graham, Jon Burd, Tracye Winfrey Howard, Brian Walsh, W. Barron A. Avery
2009 Government Contract Law Decisions Of The Federal Circuit, Daniel P. Graham, Jon Burd, Tracye Winfrey Howard, Brian Walsh, W. Barron A. Avery
American University Law Review
No abstract provided.
Contract Law, Party Sophistication And The New Formalism, Meredith R. Miller
Contract Law, Party Sophistication And The New Formalism, Meredith R. Miller
Scholarly Works
With increasing frequency, courts are mentioning party sophistication as relevant to whether a contract has been formed, whether a contract is enforceable, how the contract should be interpreted, and even, in some instances, the determination of an appropriate remedy. Sophisticated parties are held to a different set of rules, grounded in freedom of contract. It is presumed that a sophisticated party was aware of what to bargain for and read (or should have read) and understood (or should have understood) the terms of a written agreement.
But, just what do courts mean when they call a contracting party “sophisticated”?
“Sophistication” …