Publication Date
1-1-1998
Document Type
Article
Organizational Units
Sturm College of Law
Keywords
Alternative dispute resolution, Self-help, Contracts, Contract law
Abstract
Contrary to the common perception that Americans are overly litigious, many disputes never reach the court room. One reason for this is the availability of self-help--actions taken without recourse to third party intervention. The author explores self- help doctrine in American commercial law. Specifically, she considers the availabilityof self-help under the Uniform Commercial Code and the Restatement (Second)of Contracts. She shows that self-help is widely supported in these sources but that in practice it is not properly understood or applied. She argues that self-help should be encouraged uniformly in all commercial transactionsand suggests an addition to existing statutes that would facilitatethis result.
Publication Statement
Copyright held by the authors. User is responsible for all copyright compliance.
Originally published as Celia R. Taylor, Self-Help In Contract Law: An Examination and Proposal, 33 Wake Forest L. Rev. 839 (1998).
Recommended Citation
Celia R. Taylor, Self-Help In Contract Law: An Examination and Proposal, 33 Wake Forest L. Rev. 839 (1998).