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- Uniform Commercial Code (8)
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- U.C.C. Article 2 (4)
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- Court adjustment (2)
- No oral modification clauses (2)
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- Betternow Family Limited (1)
- Breach of contract (1)
- Burden of persuasion (1)
- Burden of production (1)
- Burden of proof (1)
- CISG Article 29(2) (1)
- Chris Hoofnagle (1)
- Commercial Law (1)
- Commercial legal calamities (1)
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- Conditional vendee (1)
- Conditional-sale contract (1)
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Articles 1 - 23 of 23
Full-Text Articles in Contracts
Zambia Breweries Plc V. Betternow Family Limited Selected Judgment No. 48 Of 2016, Chanda Chungu
Zambia Breweries Plc V. Betternow Family Limited Selected Judgment No. 48 Of 2016, Chanda Chungu
SAIPAR Case Review
This matter dealt with a distributorship contract between Zambia Breweries and Betternow Family Limited. Betternow paid K100, 000 as a pre-condition to trading Zambia Breweries’ products – but after three (3) months of trading, Zambia Breweries terminated the supply of its products to Betternow Family Limited.
In this case, the contract provided that the contract can be terminated with one month’s notice. The contract was cancelled by Zambia Breweries and Betternow Family Limited sued for breach of contract. The trial court awarded damages equivalent to the unserved or remaining period of the contract.
The Supreme Court held that: Any damages …
Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman
Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman
Cornell Law Faculty Publications
The volume of litigation on Uniform Commercial Code Article 2, along with the rise of e-commerce, raises the question of whether Article 2 can succeed in the twenty-first century. There are, of course, many ways to measure success or failure of legislation. One strategy, applied here, is to evaluate Article 2 against the UCC’s ambitious “purposes and policies” of simplifying, clarifying, and modernizing commercial law, supporting commercial practices, and promoting uniformity of the law among the states. In doing so, I ask three questions that help determine when particular sections of Article 2 impede these goals and are ripe for …
Were "It" To Happen: Contract Continuity Under Euro Regime Change, Robert C. Hockett
Were "It" To Happen: Contract Continuity Under Euro Regime Change, Robert C. Hockett
Cornell Law Faculty Working Papers
One way or another, the European Monetary Union (EMU) is apt to endure. The prospect of continuation under the precise contours of the regime as we presently find it, however, is anything but certain. Hence many investors and other actual or prospective contract parties are likely to remain skittish until matters grow clearer. This skittishness, importantly, can itself hamper the prospect of expeditious European recovery. Addressing particular sources of ongoing uncertainty about EMU prospects can itself therefore aid in the project of recovery.
This Essay accordingly aims to impose structure upon one particular, and indeed particularly complex, source of uncertainty …
Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann
Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann
Cornell Law Faculty Publications
In addition to gerund-noun-noun titles and a concern with the misaligned incentives of businesses that handle consumers' financial data, Chris Hoofnagle's Internalizing Identity Theft and Juliet Moringiello's Warranting Data Security share something else: hidden themes. Hoofnagle's paper is officially about an empirical study of identity theft, but behind the scenes it's also an exploration of where we draw the line between public information shared freely and secret information used to authenticate individuals. Moringiello's paper is officially a proposal for a new warranty of secure handling of payment information, but under the surface, it invites us to think about the relationship …
Maybe Dick Speidel Was Right About Court Adjustment, Robert A. Hillman
Maybe Dick Speidel Was Right About Court Adjustment, Robert A. Hillman
Cornell Law Faculty Publications
In a symposium to honor Professor Richard Speidel, a giant in the field of contract and commercial law for over four decades, this contribution argues that Speidel may have been correct in asserting that, in limited circumstances, court adjustment of disrupted long-term contracts makes sense. I assert that nothing courts have decided or writers have analyzed since the ALCOA case proves that court adjustment is wrong-headed. But, as with so many policy issues, we may never identify the "best" judicial approach to disrupted long-term contracts because resolution depends on too many variables and unknowns.
Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen O'Rourke
Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen O'Rourke
Cornell Law Faculty Working Papers
Our fast-paced age of electronic agreements that ostensibly govern transactions as diverse as downloading software, ordering goods, and engaging in collaborative development projects raises questions regarding the suitability of contract law as the appropriate legal framework. While this question arises in many settings, we focus here on the free and open source software (FOSS) movement because of the maturity and success of its model and the ubiquity of its software. We explore in particular whether open source licenses are supported by consideration, and argue that they are, and that open source licenses are contracts. We further argue that a contractual …
Warranties And Disclaimers In The Electronic Age, Robert A. Hillman, Ibrahim Barakat
Warranties And Disclaimers In The Electronic Age, Robert A. Hillman, Ibrahim Barakat
Cornell Law Faculty Publications
This paper reports on software-licensor express warranty and disclaimer practices on the Internet. Our data show that virtually all of the websites and End User License Agreements (EULAs) we sampled include express warranties on the website and disclaimers of the warranties in the EULAs that may erase all or much of the quality protection. Next, the paper reviews the reasons why consumers generally do not read their e-standard forms despite the prevalence of disclaimers and other adverse terms. We then argue that e-commerce exacerbates the problem of warranties and disclaimers and that lawmakers should address this issue. We contend that …
How To Create A Commercial Calamity, Robert A. Hillman
How To Create A Commercial Calamity, Robert A. Hillman
Cornell Law Faculty Publications
This Article briefly catalogs the kinds of commercial calamities and then focuses on one of them, namely laws that are so imprecise and ambiguous that judges do not know how to apply them, and lawyers cannot explain them. The Article illustrates the problem with Uniform Commercial Code (UCC) section 2-209, dealing with contract modification and waiver. The paper does not focus on the ambiguities and obfuscations of section 2-209, but on the strategy of lawmaking that inevitably produces such a result. The drafters of section 2-209 ambitiously sought to reform the law, but then lost their nerve. In short, they …
Comment: More In Defense Of U.C.C. Methodology, Robert A. Hillman
Comment: More In Defense Of U.C.C. Methodology, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
Standards For Revising Article 2 Of The U.C.C.: The Nom Clause Model, Robert A. Hillman
Standards For Revising Article 2 Of The U.C.C.: The Nom Clause Model, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
Contribution Arguments In Commercial Law, Steven Walt, Emily Sherwin
Contribution Arguments In Commercial Law, Steven Walt, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Article 29(2) Of The United Nations Convention On Contracts For The International Sale Of Goods: A New Effort At Clarifying The Legal Effect Of "No Oral Modification" Clauses, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman
Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman
Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman
Cornell Law Faculty Publications
The Uniform Commercial Code does not offer a systematic approach to the rules governing the evidentiary relationships of parties to commercial litigation. In this article, Professors Allen and Hillman present a general analytical approach to proof rules, highlight the shortcomings of the Code's evidentiary provisions, and discuss the inevitable confusion in the case law construing the Code. They propose an amendment to the Code designed to clarify and improve the Code approach.
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.
A Study Of Uniform Commercial Code Methodology: Contract Modification Under Article Two, Robert A. Hillman
A Study Of Uniform Commercial Code Methodology: Contract Modification Under Article Two, Robert A. Hillman
Cornell Law Faculty Publications
A goal of the Uniform Commercial Code is to provide rules that respond to commercial reality so that the intentions of contracting parties will be effectuated. To meet this challenge the U.C.C. was written to allow both certainty and flexibility. In this Article, Professor Hillman examines the Code provisions governing contract modifications. Through a series of hypothetical problems he explores the methodology used by the U.C.C. in attempting to achieve a proper balance between stability and flexibility in contract modification law. He concludes that the Code has not been successful in achieving its goals in this area. The various sections …
Policing Contract Modifications Under The Ucc: Good Faith And The Doctrine Of Economic Duress, Robert A. Hillman
Policing Contract Modifications Under The Ucc: Good Faith And The Doctrine Of Economic Duress, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
Construction Of The Uniform Commercial Code: Ucc Section 1-103 And "Code" Methodology, Robert A. Hillman
Construction Of The Uniform Commercial Code: Ucc Section 1-103 And "Code" Methodology, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
Keeping The Deal Together After Material Breach--Common Law Mitigation Rules, The Ucc, And The Restatement (Second) Of Contracts, Robert A. Hillman
Keeping The Deal Together After Material Breach--Common Law Mitigation Rules, The Ucc, And The Restatement (Second) Of Contracts, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
"Good Faith" In General Contract Law And The Sales Provisions Of The Uniform Commercial Code, Robert S. Summers
"Good Faith" In General Contract Law And The Sales Provisions Of The Uniform Commercial Code, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Secured Transactions Under The Uniform Commercial Code, Robert S. Summers
Secured Transactions Under The Uniform Commercial Code, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Commercial Law And Contracts – 1961 Oregon Survey, Robert S. Summers
Commercial Law And Contracts – 1961 Oregon Survey, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Commercial Law – 1960 Oregon Survey, Robert S. Summers
Commercial Law – 1960 Oregon Survey, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.