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Full-Text Articles in Law
New Horizons In Cartel Detection, Jonathan Baker
New Horizons In Cartel Detection, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
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Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David Snyder
Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David Snyder
Articles in Law Reviews & Other Academic Journals
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 …