INTRODUCTION
… This Article examines materiality in several contract doctrines for the purpose of identifying the role that the materiality analysis plays in each of them. Part I surveys the somewhat elusive question of whether materiality should be decided as a question of fact or law. Part II shows the importance of materiality analysis in breach and repudiation; Part III discusses materiality in relation to contract formation, including offer and acceptance, indefiniteness, and the statute of frauds; Part IV examines the role that materiality plays in misrepresentation and mistake; Part V discusses the requirement of materiality in impracticability and frustration of purpose; Part VI shows the effect of materiality on the excuse of a condition; and Part VII discusses materiality in relation to the discharge of a surety. This Article describes the role that a determination of materiality plays in each of these areas, identifies the factors and considerations that are taken into account in that determination, and articulates the particular meaning of materiality engendered by the doctrinal context of the inquiry …
Brian A Blum, The Protean Concept of Materiality in Contract Law, 2020 Michigan State Law Review 643 (2020).
First posted 2021-01-26 06:22:42
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