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Topic: Default rules

Related Topics

Complete contract

Contract theory

Contract

Randy Barnett

Statute of frauds

Force majeure

Promissory estoppel

Memorandum of understanding

Good faith

Negotiation

Remedy

Best alternative to a negotiated agreement

	Filling Gaps in Incomplete Contracts: An Economic Theory of Default Rules, 99 Yale Law Journal 87 (1989) (with Robert ...
		With regard to immutable rules, the disagreement among academics is not over this abstract theory, but whether in particular contexts parentalistic concerns or externalities are sufficiently great to justify the use of immutable rules.
		To this end, we introduce the concept of "penalty defaults." Penalty defaults are designed to give at least one party to the contract an incentive to contract around the default rule and therefore to choose affirmatively the contract provision they prefer.
		In choosing among default rules, lawmakers should be sensitive to the costs of contracting around, and the costs of failing to contract around, particular defaults.
	islandia.law.yale.edu /ayers/fillgaps.htm (1925 words)

	Default Logic
		Each rule is a rule of inference such that if the expressions above the line (the premises) can be established, then the expressions below the line (the conclusion) may be asserted.
		Default theory is an attempt to formally capture the idea that a set of beliefs may permit certain conclusions to be drawn even though these conclusions are not logically implied by the current set of beliefs.
		This default rule is applicable if we can prove from our beliefs that John is an American and an adult, and believing that there is some car that is owned by John does no't lead to an inconsistency.
	www.rci.rutgers.edu /~cfs/472_html/Logic_KR/DefaultTheory.html (456 words)

	Cohort Default Rates for Schools
		The Department also released a summary of the FY 2004 official cohort default rates by state, by institution type, and a graph showing the trend in national default rates.
		A briefing on the national default rates was provided with the announcement of the FY 2004 rates.
		Schools that have FY 2004, 2003, 2002 cohort default rates less than 10.0%, including eligible foreign institutions, and that disburse in a single installment loans that are made for one semester, one trimester, one quarter, or a four-month period.
	www.ed.gov /offices/OSFAP/defaultmanagement/cdr.html (677 words)

	[No title]
		The rhetoric of default rules is in the process of becoming the terminology of choice for contract theorists.
		Terms supplied by default rules are not a product of the expressed or implied-in-fact consent of the parties as these two notions have traditionally been understood, and may therefore be considered genuinely implied-in-law.
		The formal requirement of the rule of law that is needed to address the second-order problem of knowledge suggests that an assent to alienate rights must be manifested in some manner by one party to the other to provide a discernible criterion of effective transfer.
	randybarnett.com /sound.htm (11129 words)

	NASD - Rules & Regulation - Interpretive Letters - Conduct Rules
		Before the default IRA can be established, the plan sponsor must notify the participant in writing using the participant's most recent mailing address in the records of the employer and plan sponsor.
		NASD Rule 3110(c) requires that for each account held by a member firm, the firm must make reasonable efforts to obtain certain information about the account holder before the settlement of the initial transaction, including his or her current employer, address, and whether the account holder is an associated person of another member.
		Rule 2310, NASD's suitability rule, requires firms to make reasonable efforts to obtain certain information from the customer, and to have a reasonable grounds for believing that a recommendation is suitable for a customer based on the customer's financial situation and needs.
	www.nasd.com /RulesRegulation/PublicationsGuidance/InterpretiveLetters/ConductRules/NASDW_015003 (844 words)

	[No title]
		Well, the default SpamAssassin ruleset is tuned to a somewhat generic sampling of mail that comes from the corpus submitters.
		2) rules with no score statement will be scored at 1.0, unless 3 or 4 is true 3) rules starting with a double __ are evaluated with no score, and are intended for use in meta rules where you don't want the sub-rules to have a score.
		Meta rules can also be arithmetic, but this feature was absent from the original implementation of meta rules in 2.4x.
	mywebpages.comcast.net /mkettler/sa/SA-rules-howto.txt (2406 words)

	Kerio Personal Firewall Rules!
		The default rules are installed with the KPF install, and then the software application rules are added one by one as the Firewall Learning Assistant pop-up appears the first time you open your internet software.
		Enter Rule 23 as shown but don't enable it until you have all of the "kinks" out of your entire rule set as you are installing your software or using it the first time since the firewall install.
		Rule 1 is the default rule of Tiny Firewall for loopback.
	www.dslextreme.com /users/surferslim/tpf.html (1697 words)

	CCH Business Owner's Toolkit \| Understanding Default Statutory Rules
		By default, an LLC is member-managed, and a statutory close corporation is managed by a board of directors.
		It is often desirable to modify each of these default rules and incorporate them into your articles of organization or operating agreement.
		For example, default rules usually mandate that a conventional corporation hold, at a minimum, annual meetings of shareholders and directors.
	www.toolkit.cch.com /text/P12_6905.asp (921 words)

	Default logic - Wikipedia, the free encyclopedia
		Default logic is a non-monotonic logic proposed by Ray Reiter to formalize reasoning with default assumptions.
		Deriving the antecedents of an inference rule from the consequences is a form of explanation of the consequences, and is the aim of abductive reasoning.
		a statistical default is a default with an attached upper bound on its frequency of error; in other words, the default is assumed to be an incorrect inference rule in at most that fraction of times it is applied.
	en.wikipedia.org /wiki/Default_logic (2009 words)

	SSRN-Default Rules, Penalty Default Rules, and New Formalism by Curtis Bridgeman
		This essay is a contribution to a symposium on default rules held at Florida State University College of Law.
		In this symposium, Eric Posner makes a compelling argument that there are no penalty default rules in contract law, a claim that no doubt comes as a surprise to many contracts scholars.
		I argue that Scott and Schwartz are implicitly committed to collapsing both of these distinctions, and in fact offer a formalistic vision of default rules of interpretation, a vision that is, ironically, more in the spirit of a penalty default.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=903352 (451 words)

	Default rules.
		This idea was captured, in the first version of Posner's handbook, both by a rather ambiguos notation about the first-ranking goal of contract law, the maintenance of appropriate incentives, and by the more appealing suggestion that the relevant discipline aims to compress transaction costs.
		Beyond the obvious recognition that parties should be deterred from resorting to opportunistic behavior, such as reneging the promise after receiving consideration, it was apparent that even in a civil law environment, the pertinent rules are shaped and made operative through their application by the courts.
		Rules that do count especially for those who still have the opportunity to mold their initiatives, either discounting the impact of those rules, or contracting around them, when they are perceived as impalatable.
	www.jus.unitn.it /cardozo/review/Contract/Pardolesi-1995/pardo2.html (418 words)

	Default Anti-Spam filtering Rules in WorldMail 3?
		The Rule rejects all messages with a spam score that is greater than or equal to 9.
		This Rule serves two purposes: it increases the visibility of the spam score; and it enables end users to manipulate messages based on the spam score using client-side filtering Rules in POP email clients such as Eudora.
		The default setting for a suspected spam message is "messages with a spam score that is greater than or equal to 8".
	www.eudora.com /techsupport/kb/2675hq.html (428 words)

	Default Rules (via CobWeb/3.1 planetlab1.netlab.uky.edu) (Site not responding. Last check: 2007-10-13)
		Since the built-in rules for comments and PIs are to do nothing, all you really have to worry about is being aware of how built-in rules will be applied to elements and text, which we covered in painful detail above.
		Then the default behaviour on elements would be to discard them and all their contents.
		The default template for / is the same as the one above for elements and applies templates to all its children, there can't be any top level text if teh input is well formed, and the default template for comments and pis is to discard, so by default processing moves to the top level element.
	www.dpawson.co.uk.cob-web.org:8888 /xsl/sect2/defaultrule.html (982 words)

	Default Rules Symposium (Site not responding. Last check: 2007-10-13)
		Since the economic analysis of default rules in contract law set the stage more than twenty years ago, analysis of default rules has reverberated throughout several areas of law.
		Even in public law, commentators have invoked default rule analysis to address constitutional rights and other issues, such as the appropriate judicial approach to the interpretation of statutes.
		Default Rules in Private and Public Law: A Symposium (printed brochure)
	www.law.fsu.edu /events/defaultrules_symposium.html (249 words)

	Default rule - Wikipedia, the free encyclopedia
		In legal theory, a default rule is a rule of law that can be superseded by a contract, trust, will, or other legally effective agreement.
		Whereas the default rules can be modified by agreement of the parties, mandatory rules will be enforced, even if the parties to a contract attempt to override or modify them.
		The idea of a default rule in contract law is sometimes connected to the notion of a complete contract.
	en.wikipedia.org /wiki/Default_rule (222 words)

	Default Rules for BGA Tournaments
		The particular set of rules used generally does not affect how the game is played.
		We have a summary of the most important rules differences, with links to deeper studies of them.
		You may wish to read only a summary of the rules understood to apply to BGA-recognised tournaments.
	www.britgo.org /rules/approved.html (757 words)

	broadband help » Forums » Up and Running » Kerio - Tiny Support » BZ Kerio 2x Default ...
		I have setup the lan rules very loose so you will have to secure them later as they were meant to work for most configurations.
		The unrestricted rule is logging for a reason, when your connection is active, release, and renew your connection.
		Anybody who feels they know enough of rule based firewalls to use the advanced version should be able to make their own rulesets already.
	www.dslreports.com /forum/remark,8023708 (3545 words)

	Default firewall rules for Norton Internet Security and Norton Personal Firewall
		The default rules, which are also known as preconfigured rules, are contained in the Firewall.dat file.
		When this rule is moved up in rules list so that it is applied before other rules regarding file and print sharing, this rule provides an easy method to turn file and print sharing on or off.
		Unless another rule specifically blocks file and print sharing, removing or modifying this rule permits other computers to access shared files that are at this computer and to use printers that are attached to this computer, or Norton Internet Security or Norton Personal Firewall prompts the user.
	service1.symantec.com /SUPPORT/sunset-c2002kb.nsf/pfdocs/2001023451590766?OpenDocument&ExpandSection=-4 (1913 words)

	PART 12 - DEFAULT JUDGMENT
		A claimant may obtain a default judgment on request under this Part on a claim for money or a claim for delivery of goods against one of two or more defendants, and proceed with his claim against the other defendants.
		Where the claimant makes an application for a default judgment, judgment shall be such judgment as it appears to the court that the claimant is entitled to on his statement of case.
		An application for a default judgment on a claim against a child or patient or a claim in tort between spouses or civil partners must be supported by evidence.
	www.dca.gov.uk /civil/procrules_fin/contents/parts/part12.htm (2053 words)

	Default rules
		Since no action rules are specified, the default rule is used to compile them.
		If the rules for making those targets involve dependencies on yet other files, then those files are made first, and so on.
		Ultimately, the rules must lead back to dependencies on source files or other things that are made by you, the user (e.g.
	www.dsm.fordham.edu /~moniot/Syllabi/make-intro/node7.html (226 words)

	IPcentral Weblog: Default Rules and IP Protection
		Let's take two extreme versions of possible default rules, assuming again a default background of contract rights.
		The first set of default rules would have no IP rights.
		Nothing would be patentable, nor copyrightable; and, short of physical appropriation, everything would be "free." The alternate universe would have strong IP rights, no "fair use" rights and grant the creator complete control over all the terms, rights and conditions of use.
	weblog.ipcentral.info /archives/2004/09/default_rules_a.html (445 words)

	Catalogue of Rules - GNU `make'
		Here is a catalogue of predefined implicit rules which are always available unless the makefile explicitly overrides or cancels them.
		If you modify the suffix list, the only predefined suffix rules in effect will be those named by one or two of the suffixes that are on the list you specify; rules whose suffixes fail to be on the list are disabled.
		The rules for RCS are terminal (see Match-Anything Pattern Rules), so RCS files cannot be generated from another source; they must actually exist.
	www.gnu.org /software/make/manual/html_node/Catalogue-of-Rules.html (811 words)

	Campus Assassins' Guild - Default Rules
		Game organizers may make amendments or modifications to these rules; if your game has changed rules, they are listed on the game's status page.
		If and only if you notice your assassin holding a weapon and making a move to attack you or get near you (regardless of whether you are in a safe zone at the time), then you may kill that assassin at any time.
		If you succeed, it is called a "defensive kill." All the rules that apply to regular killing also apply to defensive killing.
	www.campusassassins.com /rules (909 words)

	Default deny - FreeBSDwiki
		Default Deny is a type of firewall ruleset in which the default condition of the firewall is to deny ALL connectivity - from anywhere, to anywhere.
		A default deny firewall with no additional rules loaded effectively has no network interfaces in it at all.
		For the race condition reason outlined above, it is NOT recommended that you override this behavior to force a default allow ruleset.
	www.freebsdwiki.net /index.php/Default_deny (97 words)

	SSRN-The Status Quo Bias and Contract Default Rules by Russell Korobkin
		The rich law and economics literature on contract default rules - that is, terms that govern relationships between contracting parties only if those parties do not explicitly agree to other terms - presumes that the legal system's choice of default rules will not affect individual negotiators' underlying preferences for contract terms.
		Judgment and decision making literature on the "status quo bias" suggests that if bargainers perceive default terms as part of the status quo they will prefer the substantive content of those terms more than they would if other terms were the legal defaults.
		The paper presents the experimental results, considers various theoretical explanations for the results, and suggests how the results should impact legal scholars' analysis of what contract default rules are optimally efficient.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=52240 (348 words)

	Writing udev rules
		Each rule is constructed from a series of key-value pairs, which are separated by commas.
		When all match keys in a rule correspond to the device being handled, then the rule is applied and the actions of the assignment keys are invoked.
		The first rule matches all floppy disk drives, and ensures that the device nodes are placed in the /dev/floppy directory, as well as creating a symbolic link from the default name.
	www.reactivated.net /writing_udev_rules.html (4770 words)

	node_privacy_byrole with default rules \| drupal.org
		It allows default access rules to be defined by the administrators.
		Users can either select the access policy of each node among those default rules or choose a custom policy.
		I'd really like to be able to define default values for new nodes.
	drupal.org /node/26537 (202 words)

	Default Rules in Ontario Partnership Agreements
		The typical partnership envisaged by Ontario Statutes is where all partners are equal, both in terms of their financial interests and in their right to participate in partnerships.
		The default rules of Ontario are very essential to understand because they are just based on certain partnerships presumptions and can be changed by the partners by agreement.
		Otherwise, in Ontario, the default rules apply as default and it is always a good policy to discuss the issue of partnership agreements with a lawyer.
	www.woodwal.com /Newsletter/partnership.htm (376 words)

	Web Services Description Language (WSDL) Version 2.0 Part 3: Bindings
		This is achieved by defining a set of default rules which apply for all Interface Operation components of an Interface component, unless specifically overidden on a per Interface Operation basis.
		This default binding rule is applicable when the value of the {soap underlying protocol} property of the Binding component is "http://www.w3.org/2003/05/soap/bindings/HTTP/".
		The default HTTP method specification is a syntactic convenience and does not affect the underlying component model.
	www.w3.org /TR/2004/WD-wsdl20-bindings-20040803 (6675 words)

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