Acquiring an historical understanding of duties to disclose, fraud, and warranties

Article Abstract:

The historical development of the relationship between buyers and sellers in US commercial law is discussed. The authors argue that the balance between the rights of the buyer and seller determine the extent of the seller's obligation to disclose, the extent of consumer fraud, and the scope of warranties.

Interpretation and construction, Fraud, Commercial law, Failure to warn (Law), Breach of warranty

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Attorneys and the Bankruptcy Reform Act of 2001: understanding the imposition of sanctions against debtors' counsel

Article Abstract:

The author examines the provision of the Bankruptcy Reform Act which imposes penalties against attorneys who sign bankruptcy petitions which violate Federal Rule of Bankruptcy Procedure 9011. She concludes that that the language in the statute is vague and foresees problems with the law.

Remedies, Bankruptcy law, Sanctions (Law)

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Distinguishing risk from harm in conflict of interest

Article Abstract:

This article examines the moral and ethical aspects of conflicts of interests in the legal profession, focusing on the prevention of conflicts of interest. A distinction between behavior that causes harm and behavior that increases the risk of harm is made.

Analysis, Attorneys, Ethical aspects, Ethics, Conflict of interests (Attorneys), Conflicts of interest (Lawyers)

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