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- Title
The Flawed Nexus Between Contract Law and the Rules of Procedure: Why Rules 8 and 9 Must Be Changed.
- Authors
Dorsaneo, William V.; Rogers, C. Paul
- Abstract
The article discusses a reportedly flawed nexus between basic contract principles and the civil procedure rules in the U.S. as of March 2012, focusing on a proposal to amend Rules 8(c) and 9(c) of the nation's Federal Rules of Civil Procedure. It states that the defense of failure of consideration should be removed from the list of affirmative defenses in Rule 8(c). The use of the term condition precedent in Rule 9(c) is also examined, along with U.S. common law pleading practice.
- Subjects
UNITED States; CONTRACTS; CIVIL procedure; AFFIRMATIVE defenses; CONSIDERATION (Law); PLEADING; CONDITIONS precedent (Law)
- Publication
Review of Litigation, 2012, Vol 31, Issue 2, p233
- ISSN
0734-4015
- Publication type
Article