Contract Law

BOILERPLATE: WHAT CONSUMERS ACTUALLY THINK ABOUT IT

FRANKLIN G. SNYDER, Professor of Law, Texas A&M University School of Law. ANN M. MIRABITO, Associate Professor, Department of Marketing, Hankamer School of Business, Baylor University. One of the most difficult problems in modern contract law is the status of standard terms—often called “boilerplate”—in consumer transactions. On the one hand, standard terms are good because they reduce […]

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Survey: Banking, Business, and Contract Law

On April 21, Governor Eric Holcomb signed into law an enactment of the General Assembly that Secretary of State Connie Lawson called “the most farreaching revision of Indiana business laws in more than two decades.” The new act consolidates in a single place in the Indiana Code and harmonizes certain administrative provisions and provisions governing transactions that had previously been contained in five different business entity statutes. Although the new law does not bring about much substantive change, it contains an unprecedented amount of procedural simplification.

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The Dreaded Pre-Tender Issue: Indiana Courts Should Reconsider Whether Pre-tender Costs are Recoverable

by Ryan T. Leagre (Attorney Profile) [i] Associate Plews Shadley Racher & Braun LLP 1346 N. Delaware St. Indianapolis, IN 46202-2415 (317) 637-0700 rleagre@psrb.com The ability of a policyholder to recover pre-tender costs is an evolving area of insurance coverage law. In Dreaded, Inc. v. St. Paul Guardian Insurance Company, the Indiana Supreme Court held […]

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How Corporate Transactions Can Make Liability Insurance Coverage Disappear

by Lara Langeneckert Deputy Solicitor General Office of the Indiana Attorney General lara.langeneckert@atg.in.gov Imagine you are a successful widget manufacturer, and you have just expanded your business by purchasing another widget company called Acme. In the sale, you received all of Acme’s corporate assets, including its commercial general liability (“CGL”) insurance policy [1] from Flanders Insurance. […]

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