Law Commons^™

Contract Resurrected! Contract Formation: Common Law ~ Ucc ~ Cisg, Sarah H. Jenkins

Sarah H Jenkins

Contract Resurrected!

After the promulgation of the Restatement (Second) of the Law of Contracts with its expanded theory of Section 90, quasi-contract and promissory estoppel were hailed as the only theories needed for recovery. Contract was dead! This was the dominant prospective regarding the continued efficacy of contract and contract law. The contract theorists were wrong. The mushrooming global interdependency among nations demands legal rules and principles to govern exchanges between businesses and reaffirms the value of contract as a juridical tool. The United Nations Convention on Contracts for the International Sale of Goods as a recent promulgation reaffirms the …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins-Hobbs

Sarah H Jenkins

Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the Uniform Commercial Code, without assessing the viability of the Convention given the client’s business goals or risk tolerance. The Model Rules of Professional Conduct mandate …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins-Hobbs

Sarah H Jenkins

Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the Uniform Commercial Code, without assessing the viability of the Convention given the client’s business goals or risk tolerance. The Model Rules of Professional Conduct mandate …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins-Hobbs

Sarah H Jenkins

Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the Uniform Commercial Code, without assessing the viability of the Convention given the client’s business goals or risk tolerance. The Model Rules of Professional Conduct mandate …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins-Hobbs

Sarah H Jenkins

Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the Uniform Commercial Code, without assessing the viability of the Convention given the client’s business goals or risk tolerance. The Model Rules of Professional Conduct mandate …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins

Sarah H Jenkins

CONSTRUING LAWS GOVERNING INTERNATIONAL AND U.S. DOMESTIC CONTRACTS FOR THE SALE OF GOODS: A COMPARATIVE EVALUATION OF THE CISG AND UCC RULES OF INTERPRETATION ABSTRACT Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the …