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Articles 1 - 3 of 3

Full-Text Articles in Contracts

Contracts-Breach Distinguished From Rescission Nov 2001

Contracts-Breach Distinguished From Rescission

Indiana Law Journal

No abstract provided.


A "Frozen Exception" For The Frozen Embryo: The Davis "Reasonable Alternatives Exception", Jennifer L. Medenwald Apr 2001

A "Frozen Exception" For The Frozen Embryo: The Davis "Reasonable Alternatives Exception", Jennifer L. Medenwald

Indiana Law Journal

No abstract provided.


Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder Jan 2001

Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder

Articles by Maurer Faculty

This article defends the decision to retain usage of trade, course of performance, and course of dealing in the revision of Article 1 of the Uniform Commercial Code. The article responds to recent neoformalist criticisms of the incorporation approach and offers a theoretical justification. Usage of trade and course of dealing should be understood as part of the parties' language, following Wittgenstein's understanding of language. Course of performance, which presents a weaker case in terms of language, should be understood as a legal formality, following Fuller's explanation of formalities. Thus understood, custom and conduct can be as important as written …