Law Commons^™

The Contract Interpretation Policy Debate: A Primer, Joshua M. Silverstein

Faculty Scholarship

Contract interpretation is one of the most significant areas of commercial law. As a result, there is an extensive academic and judicial debate over the optimal method for construing agreements. Throughout this exchange, scholars and courts have advanced a wide array of conceptual, theoretical, and empirical arguments in support of the two primary schools of interpretation— textualism and contextualism—as well as various hybrid positions. This Essay is intended to serve as a primer on those arguments.

Contract Interpretation And The Parol Evidence Rule: Toward Conceptual Clarification, Joshua M. Silverstein

Faculty Scholarship

Contract interpretation is one of the most important topics in commercial law. Unfortunately, the law of interpretation is extraordinarily convoluted. In essentially every American state, the jurisprudence is riddled with inconsistency and ambiguity. This causes multiple problems. Contracting parties are forced to expend additional resources when negotiating and drafting agreements. Disputes over contractual meaning are more likely to end up in litigation. And courts make a greater number of errors in the interpretive process. Together, these impacts result in significant unfairness and undermine economic efficiency. Efforts to remedy the doctrinal incoherence are thus warranted.

The goal of this Article is …

Contract Resurrected! Contract Formation: Common Law – Ucc – Cisg, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Application Of The U.C.C. To Nonpayment Virtual Assets Or Digital Art, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Contracting Out Of The Ucc, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Contracting Out Of Article 2: Minimizing The Obligation Of Performance & Liability For Breach, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Evolving Sales Law: Highlights Of The Shifting Landscape Of Arkansas Purchasing Law, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Introduction To Symposium On Revised Article, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Preemption & Supplementation Under Revised 1-103: The Role Of Common Law & Equity In The New U.C.C., Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

How Free Trade Can Save The Everglades, Aaron Schwabach

Faculty Scholarship

No abstract provided.

Revised Article 3: ''(Revise) It Again, Sam'', Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Foreword, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Exemption For Nonperformance: Ucc, Cisg, Unidroit Principles-A Comparative Assessment, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Accommodating Spouses: Regulation B And Revised Article 3-The Suretyship Law Complication, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Arkansas's Revised Article 3: User Caution Advised!!, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Revised Article 3 And Amended Article 4 Of The Uniform Commercial Code: Comments On The Changes They Will Make, Arthur G. Murphey

Faculty Scholarship

No abstract provided.

Abrogation Of Surety's Right Of Discharge On Release Of The Principal Obligor Under Revised Article 3: A Creditor's Tool For Maximizing Self-Interest, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

A Payee Who Is A Holder In Due Course May Be Subject To Personal Defenses Arising From Unauthorized Acts Or Promises By An Agent, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey

Faculty Scholarship

No abstract provided.

Cars, Creditors, And The Code: The Diverse Interpretations Of Section 9-310, Arthur Murphey

Faculty Scholarship

No abstract provided.