The questionable empirical basis of Article 2's incorporation strategy: a preliminary study

Article Abstract:

The author argues that there is a weak empirical basis for the incorporation of customary trade practices in UCC Article 2 concerning the interpretation of commercial contracts. However, the lack of empirical basis does not mean such practices are not valuable interpretative tools.

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Eroding entitlements as litigation commitment

Article Abstract:

The author discusses issues concerning the conflict between formalistic and pragmatic approaches to the interpretation of commercial contracts with a focus on the article in this Symposium by Omri Ben-Shahar and issues of erosion and litigation commitment.

Ben-Shahar, Omri

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Confusion about custom: disentangling informal customs from standard contractual provisions

Article Abstract:

The author discusses the conflict in commercial law between the formalistic approach to contractual and transactional interpretation and the approach underlying the UCC which recognizes the use of customary trade practices as evidence of parties' intent.

Bernstein, Lisa

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