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"Just Sign Here--It's Only A Formality": Parol Evidence In The Law Of Commercial Paper, Ellen R. Jordan
"Just Sign Here--It's Only A Formality": Parol Evidence In The Law Of Commercial Paper, Ellen R. Jordan
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Part I will argue that certainty is especially important in the law of negotiable instruments, although it does not outweigh all other values. In light of the need for certain rules, this Article will consider the policy choices made by the drafters of the Uniform Commercial Code's Article 3 on Commercial Paper with respect to parol evidence. Part II will examine certain parol evidence that is admissible against even the law's most favored plaintiff, the holder in due course. Part III will focus on the Code's indirect treatment of the most troublesome parol evidence problems, those which arise when the …
Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes
Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes
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The purpose of this essay is to suggest an analytic framework for solving a recurrent insurance problem which springs from what might be called an "evidentiary condition." These conditions can be found in most classes of insurance policies. The immodest purpose of this modest essay is to devise a line of analysis which resolves the problems raised by evidentiary conditions and affords sensitivity and protection to all the competing interests in an insurance contract. The proffered solution, which I label the doctrine of evidentiary conditions, may furnish a doctrinal bridge for reconciling the two disparate contract schools.