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Full-Text Articles in Law
Contract Modification Under The Restatement (Second) Of Contracts, Robert A. Hillman
Contract Modification Under The Restatement (Second) Of Contracts, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
The Perfect Tender Rule - An "Acceptable" Interpretation, David Frisch
The Perfect Tender Rule - An "Acceptable" Interpretation, David Frisch
Law Faculty Publications
The focus of this article will be on the inherent conflict between the buyer's right to reject and the seller's right to cure. We will first review both the scholarly commentary addressing the issue and the judicial interpretations of the rejection-cure conflict. We will then propose a resolution to the conflict, or an acceptable interpretation, which serves to promote the expressed purposes and policies of the Uniform Commercial Code.
Eight Cases And Section 251, James J. White
Eight Cases And Section 251, James J. White
Articles
[A] continuing sense of reliance and security that the promised performance will be forthcoming. . . is an important feature of the bargain-so states Comment 1 to section 2-609 of the Uniform Commercial Code. At common law, one party to a contract might suffer considerable and justifiable anxiety about the other party's willingness or ability to perform and yet have no legal basis for cancelling the contract or for procuring additional assurances from the other party. Section 251 of the Restatement (Second) of Contracts is designed to provide a remedy for one party's reasonable fears that the other party to …
Contract Law In Modern Commercial Transactions, An Artifact Of Twentieth Century Business Life?, James J. White
Contract Law In Modern Commercial Transactions, An Artifact Of Twentieth Century Business Life?, James J. White
Articles
Diligent first year law students study contract law with a passion previously reserved for romantic objects and religious idols. Their professors lead them in extensive and difficult intellectual explorations of the wilds of contract law. There are careful analyses of why damage recovery X will stimulate performance Y, why recovery A is appropriate to encourage the aggrieved party to return to the market, and so on and so forth. Lurking behind this year long analysis are several inarticulate hypotheses: that they make rational evaluations of the threat of legal sanctions; that they respond in other varied and subtle ways to …