Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Contracts (3)
- Uniform Commercial Code Article 2 (2)
- Arbitration Act (1)
- Bankruptcy Code of 1978 (11 U.S.C. 544(B)) (1)
- Commercial Arbitration (1)
-
- Commercial Arbitration Agreements (1)
- Commercial Law (1)
- Contract Clauses (1)
- Federalism (1)
- Fraudulent Conveyances (1)
- Guarantees (1)
- Law (1)
- Notice (1)
- Restatement of the Law (1)
- Sureties (1)
- Unconscionable Contracts (1)
- Uniform Commercial Code (1)
- Uniform Fraudulent Transfer Act (1)
- United States (1)
Articles 1 - 5 of 5
Full-Text Articles in Contracts
They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield
They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield
Faculty Publications
No abstract provided.
Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne
Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne
Faculty Publications
No abstract provided.
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
Faculty Publications
This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts have embraced arbitration so fervently, and therefore case law in this area is marked by tension and conflict. The thesis of this Article is that we can better …
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
Faculty Publications
No abstract provided.
The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces
The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces
Faculty Publications
Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section …