"Is it Time for the Restatement of Contracts, Fourth?" by Peter A. Alces and Christopher Byrne
 

Abstract

This article explores the reform of the Uniform Commercial Code (UCC) Article 2 in the context of revision projects undertaken by the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL). It begins with a history of the two organizations, their purposes and how they have evolved over time. It discusses the types of projects they undertake, and how those types lead to differing outcomes while also overlapping in aspirations. In light of the failed attempts of ALI and NCCUSL to revise Article 2 of the UCC, the authors raise concerns about how their piecemeal approaches to the various project types erodes the coherence of a body of law. They conclude with a request that ALI reinvent itself to work on a more comprehensive review of contract law instead of beginning a Restatement of Contracts, Fourth.

Document Type

Article

Publication Date

Spring 2009

Publication Information

11 Duquesne Business Law Journal 195-216 (2009)

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