Universal business organization legislation: will it happen? Why and when

Article Abstract:

Business organization law has developed with statutory changes which have increased since the late 1980s along with increases in global business transactions. Entity business nature and ownership structure are common bases of descriptions found in statutes. The movement toward universalism will more likely occur if statutory changes do not unduly hamper commerce.

Business enterprises, Organizational change

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Unconscionability amok, or two readily distinguishable cases?

Article Abstract:

The Victoria Supreme Court broadened the meaning of 'conduct that is unconscionable' from Australian Trade Practices Act 1974 section 51AA in its 1997 Olex Focas pty v. Skodaexport Co decision. 'Unconscionability' is narrowly defined in the Trade Practices Act. The court could have followed the act's definition and decided Olex with remedy.

Australia, Victoria, Australia

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The uncertainty of U.C.C. section 2-302: why unconsciounabilty has become a relic

Article Abstract:

The author discusses the courts' inconsistent application of the principle of unconscionability in the enforcement of contracts. Topics include the recognition of unconscionability in the Uniform Commercial Code, and alternative solutions to the problem of determining unconscionabilty.

United States

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