Commercial Boilerplate: A Review and Research Agenda

RE Scott, SJ Choi, M Gulati - Annual Review of Law and Social …, 2024 - annualreviews.org
Boilerplate contracts have long fascinated legal scholars. But the focus has been largely on
consumer contracts, with the debate centered on the question of whether take-it-or-leave-it …

Interpreting Forum Selection Clauses

JF Coyle - Iowa L. Rev., 2018 - HeinOnline
Over the past half century, courts in the United States have developed canons of
construction that they use exclusively to construe forum selection clauses. These canons …

A short history of the choice-of-law clause

JF Coyle - U. Colo. L. Rev., 2020 - HeinOnline
When a lawsuit has a connection to more than one jurisdiction, a judge called upon to
resolve the dispute must perform a conflict-of-laws analysis to determine which jurisdiction's …

Boilerplate and party intent

G Klass - Law & Contemp. Probs., 2019 - HeinOnline
When courts are called on to determine the terms of a contract, they almost always begin by
affirming that"[t] he primary goal in interpreting contracts is to determine and enforce the …

Unlawfully-issued sovereign debt

WMC Weidemaier, M Gulati - Va. J. Int'l L., 2020 - HeinOnline
In 2016, its economy in shambles and looking to defer payment on its debts, the Venezuelan
government of Nicolas Maduro proposed a multibillion dollar debt swap to holders of bonds …

Contracts of inattention

M Kahan, M Gulati - Law & Social Inquiry, 2021 - cambridge.org
The standard paradigm of contracting assumes that parties will revise subsequent contracts
if a court interpretation of a clause does not reflect their intent. This assumption, however …

Risk-Averse Contract Interpretation

A Bagchi - Law & Contemp. Probs., 2019 - HeinOnline
What kind of contract is boilerplate? Is it typical-because it literally describes most actual
contracts? Is it anomalous-because it departs from standard ideas about contract formation …

A Negative Pledge as an Alternative Solution to Achieve the Pari Passu Pro-Rata Parte Principle.

G Lie - International Journal of Sustainable Development & …, 2023 - search.ebscohost.com
The relationship between creditors and debtors is unique. Creditors need debtors as
customers and bind them in credit agreements. Creditors tend to be suspicious of debtors as …

Boilerplate No Contest Clauses

D Horton, RK Weisbord - Law & Contemp. Probs., 2019 - HeinOnline
" If any beneficiary under this Will in any manner, directly or indirectly, contests or attacks this
Will or any of its provisions, any share of interest in my estate given to that contesting …

[图书][B] Private international law: idealism, pragmatism, eclecticism

SC Symeonides - 2021 - books.google.com
This book compares the two golden ages of private international law (PIL): the first is the era
of Story and Savigny in the nineteenth century, while the second comprises the last fifty …