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Full-Text Articles in Law

Unrevised Section 2-207--Different Terms Revisited, Sidney Kwestel May 2009

Unrevised Section 2-207--Different Terms Revisited, Sidney Kwestel

Scholarly Works

No abstract provided.


The Best Puffery Article Ever, David A. Hoffman Jan 2006

The Best Puffery Article Ever, David A. Hoffman

All Faculty Scholarship

This Article provides the first extensive legal treatment of an important defense in the law of fraud and contracts: puffery. Legal authorities commonly say they make decisions about whether defendants should be able to utter exaggerated, optimistic, lies based on assumptions about buyer behavior, concluding that consumers do not rely on such speech. However, as the Article shows, such analyses are proxies for a deeper analytical question: does the speech encourage or discourage a type of consumption activity that the court deems welfare maximizing? The Article presents a novel constitutional analysis of puffery doctrine that focuses on the meaning of …


Replacing Strict Liability With A Contract-Based Products Liability Regime, Richard C. Ausness Jul 1998

Replacing Strict Liability With A Contract-Based Products Liability Regime, Richard C. Ausness

Law Faculty Scholarly Articles

When strict products liability first appeared on the scene some thirty-five years ago, it was heralded as a boon to consumers whose claims to compensation had hitherto been frustrated by the law of sales. Warranty law, it was said, worked fairly well in purely "commercial" transactions, but tort law did a better job in cases where ordinary consumers suffered personal injuries or property damage from defective products. To be sure, defenders of warranty law pointed out that the newly-drafted Uniform Commercial Code (the "Code" or "U.C.C.") was much more consumer friendly than the old Uniform Sales Act. Nevertheless, the proponents …


The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger Mar 1983

The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.


Innovation In The Law Of Warranty: The Burden Of Reform, Timothy J. Sullivan Jan 1980

Innovation In The Law Of Warranty: The Burden Of Reform, Timothy J. Sullivan

Faculty Publications

No abstract provided.