16 Oct
2000
16 Oct
'00
8:47 p.m.
Oh and as to non-repudiation and lawyers throwing that term around loosely: Most lawyers would probably tell you that, for their purposes, whatever the parties *agree* to be non-repudiation *is* non-repudiation as between *them*. The hard cases are the ones where there's no agreement and the law must supply a default rule, or derive a rule from the conduct of the parties. Those are the instances you have in mind, I take it. In such cases, where "course of dealing" and "course of performance" between the parties sheds little or no light, the law often looks to "trade usage." To which the work of punks, among others, may be relevant. MacN