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Articles 1 - 13 of 13
Full-Text Articles in Contracts
The Contract Interpretation Policy Debate: A Primer, Joshua M. Silverstein
The Contract Interpretation Policy Debate: A Primer, Joshua M. Silverstein
Faculty Scholarship
Contract interpretation is one of the most significant areas of commercial law. As a result, there is an extensive academic and judicial debate over the optimal method for construing agreements. Throughout this exchange, scholars and courts have advanced a wide array of conceptual, theoretical, and empirical arguments in support of the two primary schools of interpretation— textualism and contextualism—as well as various hybrid positions. This Essay is intended to serve as a primer on those arguments.
Contract Interpretation And The Parol Evidence Rule: Toward Conceptual Clarification, Joshua M. Silverstein
Contract Interpretation And The Parol Evidence Rule: Toward Conceptual Clarification, Joshua M. Silverstein
Faculty Scholarship
Contract interpretation is one of the most important topics in commercial law. Unfortunately, the law of interpretation is extraordinarily convoluted. In essentially every American state, the jurisprudence is riddled with inconsistency and ambiguity. This causes multiple problems. Contracting parties are forced to expend additional resources when negotiating and drafting agreements. Disputes over contractual meaning are more likely to end up in litigation. And courts make a greater number of errors in the interpretive process. Together, these impacts result in significant unfairness and undermine economic efficiency. Efforts to remedy the doctrinal incoherence are thus warranted.
The goal of this Article is …
Contract Resurrected! Contract Formation: Common Law – Ucc – Cisg, Sarah Howard Jenkins
Contract Resurrected! Contract Formation: Common Law – Ucc – Cisg, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Contracting Out Of The Ucc, Sarah Howard Jenkins
Contracting Out Of The Ucc, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Contracting Out Of Article 2: Minimizing The Obligation Of Performance & Liability For Breach, Sarah Howard Jenkins
Contracting Out Of Article 2: Minimizing The Obligation Of Performance & Liability For Breach, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Faculty Scholarship
No abstract provided.
The Decline Of The Contract Market Damage Model, James J. White
The Decline Of The Contract Market Damage Model, James J. White
University of Arkansas at Little Rock Law Review
No abstract provided.
The Lemon And Its Rejection: Code Language And Its Misconstruction, Janet A. Flaccus
The Lemon And Its Rejection: Code Language And Its Misconstruction, Janet A. Flaccus
University of Arkansas at Little Rock Law Review
No abstract provided.
Twenty Years After: Reflections On The Uniform Commercial Code In Arkansas—Articles 3 And 4, Arthur G. Murphey Jr.
Twenty Years After: Reflections On The Uniform Commercial Code In Arkansas—Articles 3 And 4, Arthur G. Murphey Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Usury–Commitment Fees–Maybe Yes, Maybe No, But Not This Time, Michael E. Wheeler
Usury–Commitment Fees–Maybe Yes, Maybe No, But Not This Time, Michael E. Wheeler
University of Arkansas at Little Rock Law Review
No abstract provided.
Usury In Arkansas–Revisited, Revised And Reaffirmed, James E. Mitchell, W. Christopher Barrier
Usury In Arkansas–Revisited, Revised And Reaffirmed, James E. Mitchell, W. Christopher Barrier
University of Arkansas at Little Rock Law Review
No abstract provided.
Taxation–Sale And Leaseback–Multiple Party Transaction With Economic Substance And Business Purpose Is Valid, Lane H. Strother
Taxation–Sale And Leaseback–Multiple Party Transaction With Economic Substance And Business Purpose Is Valid, Lane H. Strother
University of Arkansas at Little Rock Law Review
No abstract provided.
Commercial Law–Usury–Lease Constructed As Installment Sale, Nelwyn Leone Davis
Commercial Law–Usury–Lease Constructed As Installment Sale, Nelwyn Leone Davis
University of Arkansas at Little Rock Law Review
No abstract provided.