Some Rather Good Advice

rasberry martiniFrom the 6th edition of the Summers/White/Hillman Treatise on the UCC, section 2:20.

“Under the present state of the law we believe that there is no language that a lawyer can put on a form that will always assure the client of forming a contract on the client’s own terms . . . If a seller must have a term to reduce its liability but cannot strike a bargain for it, the only answer may be to raise the price, buy insurance, or, as a last resort, have an extra martini every evening and not capitalize the corporation too heavily.”

This is exactly correct, though I can’t recommend martinis.

 

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1 Response

  1. Jeff Lipshaw says:

    When I teach 2-207, I sometimes show the last bit of the movie “War Games.” For lawyers in the UCC form games, the only winning move is not to play.