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Faculty Publications

Law

Commercial Law

William & Mary Law School

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Articles 1 - 3 of 3

Full-Text Articles in Law

Fraud Bases Of Bulk Transferee Liability, Peter A. Alces Jan 1990

Fraud Bases Of Bulk Transferee Liability, Peter A. Alces

Faculty Publications

No abstract provided.


A Jurisprudential Perspective For The True Codification Of Payments Law, Peter A. Alces Jan 1984

A Jurisprudential Perspective For The True Codification Of Payments Law, Peter A. Alces

Faculty Publications

No abstract provided.


The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces Jan 1983

The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces

Faculty Publications

Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section …