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Full-Text Articles in Contracts
Too Clever By Half: Reflections On Perception, Legitimacy, And Choice Of Law Under Revised Article 1 Of The Uniform Commercial Code, Mark Edwin Burge
Too Clever By Half: Reflections On Perception, Legitimacy, And Choice Of Law Under Revised Article 1 Of The Uniform Commercial Code, Mark Edwin Burge
William & Mary Business Law Review
The overwhelmingly successful 2001 rewrite of Article 1 of the Uniform Commercial Code was accompanied by an overwhelming failure: proposed section 1-301 on contractual choice of law. As originally sent to the states, section 1-301 would have allowed non-consumer parties to a contract to select a governing law that bore no relation to their transaction. Proponents justifiably contended that such autonomy was consistent with emerging international norms and with the nature of contracts creating voluntary private obligations. Despite such arguments, the original version of section 1-301 was resoundingly rejected, gaining zero adoptions by the states before its withdrawal in 2008. …
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
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 …
Restricting Disclaimer Of The Warranty Of Merchantability In Consumer Sales: Proposed Alternatives To The Ucc, William M. Musser Iii
Restricting Disclaimer Of The Warranty Of Merchantability In Consumer Sales: Proposed Alternatives To The Ucc, William M. Musser Iii
William & Mary Law Review
No abstract provided.
The "Firm Offer" Problem In Construction Bids And The Need For Promissory Estoppel, John B. Gaides
The "Firm Offer" Problem In Construction Bids And The Need For Promissory Estoppel, John B. Gaides
William & Mary Law Review
No abstract provided.
Commercial Decency And The Code - The Doctrine Of Unconscionability Vindicated, Paul M. Morley
Commercial Decency And The Code - The Doctrine Of Unconscionability Vindicated, Paul M. Morley
William & Mary Law Review
No abstract provided.
Contracts - Impossibility - Inaccessibility Of Usual And Customary Route - Transatlantic Financing Corp. V. United States, 363 F.2d 312 (D.C. Cir. 1966), Paul E. Holtzmuller
Contracts - Impossibility - Inaccessibility Of Usual And Customary Route - Transatlantic Financing Corp. V. United States, 363 F.2d 312 (D.C. Cir. 1966), Paul E. Holtzmuller
William & Mary Law Review
No abstract provided.