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Full-Text Articles in Law
Good Faith: A New Look At An Old Doctrine, Robert S. Adler, Richard A. Mann
Good Faith: A New Look At An Old Doctrine, Robert S. Adler, Richard A. Mann
Akron Law Review
In this article we sketch the basic contours of the contractual policing devices that apply to special relationships and to arm's length transactions. We then explicate in greater detail the duty of good faith under general contract law and the Uniform Commercial Code. Finally, we explore some strategies for shortening arm's length transactions through consensual extensions of the duty of good faith.
Disappearing Ink: The Emerging Duty To Remove Invalid Policy Provisions, Robert L. Tucker
Disappearing Ink: The Emerging Duty To Remove Invalid Policy Provisions, Robert L. Tucker
Akron Law Review
This list includes only these decisions of the state’s court of last resort. It does not even begin to touch upon the provisions invalidated by decisions of inferior trial courts and intermediate courts of appeal which, for one reason or another, never reached the Supreme Court. And those intermediate appellate courts, it should be noted, have not limited themselves to invalidating provisions that are contrary to state statutes. In at least one case, a court of appeals held that an “other owned auto” exclusion in an uninsured motorist endorsement was invalid and unenforceable, even though the provision was expressly permitted …