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Full-Text Articles in Law
Constructive Haiku And The Law Of Contracts: Raintree County Memorial Library Occasional Paper No. 3, Douglass Boshkoff
Constructive Haiku And The Law Of Contracts: Raintree County Memorial Library Occasional Paper No. 3, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
The Search Interest In Contract, Joshua Fairfield
The Search Interest In Contract, Joshua Fairfield
Articles by Maurer Faculty
Parties often do not negotiate for contract terms. Instead, parties search for the products, terms, and contractual counterparties they desire. The traditional negotiation-centered view of contract leads courts to try to determine the meaning of the parties where no meaning was negotiated and to waste time determining the benefits of bargains that were never struck. Further, while courts have ample tools to validate specifically negotiated contract terms, they lack the tools to respond to searched-for terms. Although the law and literature have long recognized that there is a disconnect between the legal fictions of negotiation and the reality of contracting …