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Full-Text Articles in Contracts
The Black Hole Problem In Commercial Boilerplate, Stephen J. Choi, G. Mitu Gulati, Robert E. Scott
The Black Hole Problem In Commercial Boilerplate, Stephen J. Choi, G. Mitu Gulati, Robert E. Scott
Faculty Scholarship
Rote use of a standard form contract term can erode its meaning, a phenomenon made worse when the process of encrustation introduces various formulations of the term. The foregoing process, when it occurs, weakens the communicative properties of boilerplate terms, leading some terms to lose much, if not all, meaning. In theory, if a clause is completely emptied of meaning through this process it can create a contractual “black hole.” The more frequent and thus potentially more pervasive problem arises when, as the term loses meaning, random variations in language appear and persist, resulting in what we term a “grey …
Contracts, Causation, And Clarity, Daniel P. O'Gorman
Contracts, Causation, And Clarity, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Closing A Parol Evidence Rule Loophole: The Consideration Exception And The Preexisting Duty Rule, Daniel P. O'Gorman
Closing A Parol Evidence Rule Loophole: The Consideration Exception And The Preexisting Duty Rule, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
When Lightning Strikes: Hadley V. Baxendale's Probability Standard Applied To Long-Shot Contracts, Daniel P. O'Gorman
When Lightning Strikes: Hadley V. Baxendale's Probability Standard Applied To Long-Shot Contracts, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Contract Law And The Hand Formula, Daniel P. O'Gorman
Contract Law And The Hand Formula, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
The Restatement (Second) Of Contracts Reasonably Certain Terms Requirement: A Model Of Neoclassical Contract Law And A Model Of Confusion And Inconsistency, Daniel P. O'Gorman
The Restatement (Second) Of Contracts Reasonably Certain Terms Requirement: A Model Of Neoclassical Contract Law And A Model Of Confusion And Inconsistency, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.