AbstractIn this original and engaging piece, Professor Richard Hyland reflects on the nature of drafts--both in his own writing and in the proposed revisions to Article 2 of the Uniform Commercial Code. His explorations of the drafting process suggest that revision is not always synonymous with improvement.
Professor Hyland focuses on a classic "battle of the forms" scenario. He examines the way the drafters have addressed the problem and concludes that their proposed solution is misguided. After presenting solutions from international commercial law and other national codifications, Professor Hyland recommends that section 2-207 be deleted. The determination of the terms in battle-of-the-forms cases should be left to the courts. Professor Hyland closes by relating his discussion to the Legal Realist insight that judges, not rules, decide cases.
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