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Contract Resurrected! Contract Formation: Common Law ~ Ucc ~ Cisg, Sarah H. Jenkins

Sarah H Jenkins

Contract Resurrected!

After the promulgation of the Restatement (Second) of the Law of Contracts with its expanded theory of Section 90, quasi-contract and promissory estoppel were hailed as the only theories needed for recovery. Contract was dead! This was the dominant prospective regarding the continued efficacy of contract and contract law. The contract theorists were wrong. The mushrooming global interdependency among nations demands legal rules and principles to govern exchanges between businesses and reaffirms the value of contract as a juridical tool. The United Nations Convention on Contracts for the International Sale of Goods as a recent promulgation reaffirms the …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins-Hobbs

Sarah H Jenkins

Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the Uniform Commercial Code, without assessing the viability of the Convention given the client’s business goals or risk tolerance. The Model Rules of Professional Conduct mandate …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins-Hobbs

Sarah H Jenkins

Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the Uniform Commercial Code, without assessing the viability of the Convention given the client’s business goals or risk tolerance. The Model Rules of Professional Conduct mandate …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins-Hobbs

Sarah H Jenkins

Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the Uniform Commercial Code, without assessing the viability of the Convention given the client’s business goals or risk tolerance. The Model Rules of Professional Conduct mandate …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins-Hobbs

Sarah H Jenkins

Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the Uniform Commercial Code, without assessing the viability of the Convention given the client’s business goals or risk tolerance. The Model Rules of Professional Conduct mandate …

Construing Laws Governing International And U.S. Domestic Contracts For The Sale Of Goods: A Comparative Evaluation Of The Cisg And Ucc Rules Of Interpretation, Sarah H. Jenkins

Sarah H Jenkins

CONSTRUING LAWS GOVERNING INTERNATIONAL AND U.S. DOMESTIC CONTRACTS FOR THE SALE OF GOODS: A COMPARATIVE EVALUATION OF THE CISG AND UCC RULES OF INTERPRETATION ABSTRACT Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the …

. Groping Along Between Things Real And Things Personal: Defining Fixtures In Law And Policy In The Ucc, 78 U. Cincinnati L. Rev. 1437 (2010), Marc L. Roark

Marc L. Roark

The law of fixtures under the Uniform Commercial Code (UCC) is helplessly tied to the various state laws dictating real estate. The natural impact of explicitly tying a UCC doctrine to multiple state law variations is loss of uniformity. At the center of the fixtures discussion in the UCC is a definition that does not define, and more importantly, does not limit doctrinal extension. Because the UCC offers a nondefining definition, this Article considers the function of the fixtures definition. Specifically, this Article argues that the fixtures definition in UCC Section 9-102(a)(41) performs a function just as important as defining--it …

Adhesion Contracts And The Twenty First Century Consumer, Leon E. Trakman

Leon E Trakman Dean

Ecommerce has transformed the law of contract. Consumers are increasingly subject to myriads of conditions in shrink-wrap, box-wrap, click-wrap and browse-wrap contracts. Opening software wrapping or clicking “I agree” in a dialog box on a computer subjects the user to a series of onerous conditions that restrict end use and limit the supplier’s liability. These developments are counterbalance by the growth of new market-savvy classes of consumers who are willing and able to sue brand name producers in class and other actions. Faced with these Twenty First Century developments, courts struggle to find middle ground between regulating mass transactions in …

Unofficial Official Comments, Nigel Stark

Nigel Stark

My Note examines Justice Antonin Scalia’s “plain meaning” theory and asks whether, assuming that theory is correct, whether official comments should be used to interpret a statute. Specifically, I examine the use of the UCC’s Official Comments and its various state variations. I conclude that, under Justice Scalia’s theory, the use of official comments is to interpret the statute is improper and should be avoided.