Template:M summ 2002 ISDA 9(f): Difference between revisions

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(Created page with "Waiver: a place where the laws of the New World and the Old diverge. Those with an English qualification will snort, barking reference to {{casenote|Hughes|Metropolitan Railwa...")
 
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Waiver: a place where the laws of the New World and the Old diverge. Those with an English qualification will snort, barking reference to {{casenote|Hughes|Metropolitan Railway}} and say Section 9(f) is inconsequential fluff; those acquainted with the [[Uniform Commercial Code]] will tread more carefully, lest it creates a [[course of dealing]]. Since the {{isdama}} was designed with ''either'' legal system in mind, {{icds}} came up with something that would work in either, even if it offends minimalists like the [[JC]] who hail from — or ply their trade in the old country.
[[Waiver]]: a place where the laws of the New World and the Old diverge. Does one really need a contractual provision dealing with the consequences of a fellow’s good-natured ''indulgence'' when carrying on commerce under an {{isdama}}? Those with an English qualification will snort, barking reference to {{casenote|Hughes|Metropolitan Railway}} and say this Section 9(f) is inconsequential fluff that goes without saying; those acquainted with the [[Uniform Commercial Code]] and the monstrous slabs of Manhattan will tread more carefully, lest they create a [[course of dealing]].  
 
Since the {{isdama}} was designed with ''either'' legal system in mind, {{icds}} came up with something that would work in either. to be sure it may offend stylists and minimalists like the [[JC]] who ply their trade in the old country, ''but it does no harm''.


{{Course of dealing vs waiver}}
{{Course of dealing vs waiver}}

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