Incentive Insider

Over the last year, while there has not been much activity here, I have seen two of my writings published. The first is one-of-many Peach Sheets that was co-authored. The second was my student Note.

II. Is a Change Needed?While only a small sample of states have been surveyed to this point, it quickly becomes clear that the few states that have determined if reliance is a required element for a breach of warranty claim do not agree with each other.

III. The Proposed RuleWhile Whitehead argues that the default rules should favor an anti-sandbagging regime, the mere fact that the parties are not incentivized to bargain for a sandbagging or anti-sandbagging provision is not reason enough to upset the balance of the negotiated terms.

C. Delaware 1. Delaware’s Express Warranty StatuteWhile the California court rejected the idea of using the language from the Uniform Commercial Code,[1]the New York court based its analysis on this section.