Abstract
Open quantity contracts evolved due to the commercial advantages inherent in such contracts. However, the level of permissible quantity variation within an open quantity contract has been frequently litigated. In Atlantic Track and Turnout v. Perini, the First Circuit resolved a dispute concerning variation within such a contract. This Note examines the traditional analysis used by the court in resolving this dispute and suggests an alternative method of analysis.
Recommended Citation
Randal Owings Owings,
Output Contracts and the Unreasonably Disproportionate Clause of 2-306,
59 Mo. L. Rev.
(1994)
Available at: https://scholarship.law.missouri.edu/mlr/vol59/iss4/9