Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Contractual liability (1)
- Course of performance (1)
- Disclosure (1)
- Fiduciary Duties (1)
- Fiduciary responsibility (1)
-
- LLLP (1)
- LLP (1)
- Limited Liability Firms (1)
- Limited Liability Limited Partnerships (1)
- Limited Liability Partnerships (1)
- Private companies (1)
- Secrecy (1)
- UCC Article 1 (1)
- ULLCA (1)
- Uniform Commercial Code (1)
- Uniform Limited Liability Company Act (1)
- Unincorporated Business Organizations (1)
- Usage of trade (1)
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
"They've Created A Lamb With Mandibles Of Death": Secrecy, Disclosure, And Fiduciary Duties In Limited Liability Firms, J. William Callison, Allan W. Vestal
"They've Created A Lamb With Mandibles Of Death": Secrecy, Disclosure, And Fiduciary Duties In Limited Liability Firms, J. William Callison, Allan W. Vestal
Indiana Law Journal
No abstract provided.
Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder
Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder
Articles by Maurer Faculty
This article defends the decision to retain usage of trade, course of performance, and course of dealing in the revision of Article 1 of the Uniform Commercial Code. The article responds to recent neoformalist criticisms of the incorporation approach and offers a theoretical justification. Usage of trade and course of dealing should be understood as part of the parties' language, following Wittgenstein's understanding of language. Course of performance, which presents a weaker case in terms of language, should be understood as a legal formality, following Fuller's explanation of formalities. Thus understood, custom and conduct can be as important as written …