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Default Rules In Sales And The Myth Of Contracting Out, James J. White Jan 2002

Default Rules In Sales And The Myth Of Contracting Out, James J. White

Articles

In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.


Revocability Of Licenses - The Rule Of Wood V. Leadbitter, Ralph W. Aigler Jan 1915

Revocability Of Licenses - The Rule Of Wood V. Leadbitter, Ralph W. Aigler

Articles

That a mere license purporting to create in the licensee a new right or privilege is revocable at law at the will of the licensor seems to have been definitely settled in England by Wood v. Leadbitter, 13 M. & W. 838 (1845). It was there held that the plaintiff who had entered the close of the defendant's master after the purchase of a proper ticket could be forcibly ousted, notice having been first given that he should leave. The only remedy open to the ousted ticket holder-in law at least-no excessive violence1 having been used, is to sue for …