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Full-Text Articles in Law
Redefining Offer In Contract Law, Daniel P. O'Gorman
Redefining Offer In Contract Law, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Fifty: Shades Of Grey--Uncertainty About Extrinsic Evidence And Parol Evidence After All These Ucc Years, David G. Epstein
Fifty: Shades Of Grey--Uncertainty About Extrinsic Evidence And Parol Evidence After All These Ucc Years, David G. Epstein
Law Faculty Publications
Lawyers and judges have been working with the Uniform Commercial Code for about fifty years. Most states adopted the Uniform Commercial Code between 1960 and 1965.
Notwithstanding these years of experience and the importance of certainty to parties entering into commercial transactions, there is still considerable confusion over the use of extrinsic evidence, parol evidence and the parol evidence rule in answering the questions (1) what are the terms of a contract for the sale of goods and (2) what do those contract terms mean. No "black and white rules"-just various "shades of grey."
This essay explores the reasons for …
Turnover Actions And The “Floating Check” Controversy, David R. Hague
Turnover Actions And The “Floating Check” Controversy, David R. Hague
Faculty Articles
When a debtor files for Chapter 7 bankruptcy, a Chapter 7 trustee is appointed and is charged with collecting and reducing to money the property of the bankruptcy estate. One of the most basic collection methods a trustee possesses is its turnover power under § 542(a) of the Bankruptcy Code. Pursuant to § 542(a), an entity in possession, custody, or control, during the bankruptcy case, of property that the trustee may use, sell, or lease, must deliver to the trustee, and account for, such property or the value of such property.
An interesting issue has arisen that is placing debtors …
Mezzanine Debt And Preferred Equity In Real Estate, Andrew R. Berman
Mezzanine Debt And Preferred Equity In Real Estate, Andrew R. Berman
Articles & Chapters
No abstract provided.