Art. 2B offers jurisprudence for all forms; proposed U.C.C. article's creative approach to interpreting mass-market licenses can be applied to any standard-form contract

Article Abstract:

Uniform Commercial Code Article 2B's attempt at a new framework for testing enforceability of mass-market contracts has led to much controversy, as under this section a standard form binds a party agreeing to it or manifesting asset, even if ignorant of the terms. The original Art. 2 drafting committee rejected substituting terms thought to be fair by third parties for standard forms, preferring instead to address the most blatant standard-form contract abuses with a section relating to "unconscionability."

Contracts, Forms (Law)

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'Boilerplate' U.S. contracts often miss the mark: contract drafters should keep in mind that German commercial law protects the weaker party

Article Abstract:

Standard contracts adapted for use in another country without reference to differences in national laws may prove unenforceable and even harmful. Germany's Law on General Business Terms tries to protect the weaker party, in part by invalidating many contract provisions if they are imposed without negotiation, nullifying many standard US contract clauses. German law also makes the sale of computer software preferable to its lease or transfer of a right to use, as opposed to US practice.

Germany, Contracts (International law)

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Corporate interests failed to hold sway; this term, the high court handed companies some setbacks in employment and ERISA decisions

Article Abstract:

The US Supreme court did not hand the business community any major victories during the 1996-97 term. In contrast to previous terms, it ruled against corporate interests in several major cases. Cases involving ERISA preemption, pension litigation, Title VII's antiretaliation provision, employment discrimination, and other business matters are profiled and discussed.

Pension, health, and welfare funds, Pension Funds & Benefit Plans, Pension Funds, Cases, Employment, Surveys, United States. Supreme Court

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