Good Faith, Lender Liability, and Discretionary Acceleration: Of Llewellyn, Wittgenstein, and the Uniform Commercial Code

Texas Law Review, Vol. 68:169, 1989

43 Pages Posted: 12 Feb 2017  

Dennis Patterson

European University Institute; Rutgers University School of Law, Camden; Swansea University School of Law; European University Institute - Department of Law (LAW)

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Date Written: 1989

Abstract

Just as Corbin looked at the actual practices of courts to argue for the changes in the first Restatement of Contracts, we too might look at the actual practices of courts to see the extent to which Llewellyn's vision of contract law has made its way into mainstream legal consciousness. Sadly, such a look reveals significant backsliding into the rigid framework of the classical model. Exactly how has Llewellyn's vision been so denuded? This Essay will answer this question by analyzing a group of cases that, in part, comprise the emerging body of commercial law known as lender liability.

Suggested Citation

Patterson, Dennis, Good Faith, Lender Liability, and Discretionary Acceleration: Of Llewellyn, Wittgenstein, and the Uniform Commercial Code (1989). Texas Law Review, Vol. 68:169, 1989. Available at SSRN: https://ssrn.com/abstract=2915090

Dennis Patterson (Contact Author)

European University Institute ( email )

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Rutgers University School of Law, Camden ( email )

Camden, NJ 08102-1203
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Swansea University School of Law

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European University Institute - Department of Law (LAW) ( email )

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