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Full-Text Articles in Law
The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David V. Snyder
The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David V. Snyder
Articles by Maurer Faculty
This article argues that contractual change is inherently problematic because contract and change are fundamentally antithetical. Because change is inevitable, however, the law of contract attempts to regulate the effect of change. These attempts are divided into two realms: public regulation, including the preexisting duty rule and its substitutes, and private regulation, including contractual "no oral modification" and "no oral waiver" clauses. The article criticizes not only the preexisting duty rule but also the duress and good faith tests that have been suggested as substitutes. Instead, the article proposes a "coercion" test, which is stated in detail and which is …
Rationale Of Bargain Consideration, Hugh Evander Willis
Rationale Of Bargain Consideration, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
What Is Consideration In The Anglo-American Law Of Contracts, Part Ii, Hugh Evander Willis
What Is Consideration In The Anglo-American Law Of Contracts, Part Ii, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.