ex tempore

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Synonyms for ex tempore

without preparation


References in periodicals archive ?
Likewise, the credit derivatives market, constituting a titanic $27 trillion in notional value, (9) has turned to ex tempore contracting to allow agile and effective contracting in a time of economic and regulatory change.
Despite the prevalence of ex tempore contracting, courts, parties, and scholars have been slow to recognize its significance.
At a more abstract level, the failure to notice ex tempore contracting has led scholars to overestimate their understanding of contract design and judges' ability to improve it with simple changes in interpretation techniques.
23) This foreshadowing of ex tempore contracting allows it to be considered within the family of the relational contracting and transaction costs economics literature.
The Article will proceed as follows: Part I reviews recent literature on contractual completeness and the ex ante / ex post dichotomy in order to situate ex tempore contracting.
Part II applies this theory to examples of ex tempore contracting.
Having established the pervasiveness of ex tempore contracting, Part III then draws out the implications of ex tempore contracting.
Ex tempore contracting is a conceptually important pairing of selections as to the timing of determination and the identity of the determining actor.
Dispute boards' effectiveness no doubt comes from many causes in addition to their role in ex tempore contracting.
The rise of independent dispute boards highlights the value in ex tempore contracting of interim determination by a third party.
By including both the vague term and the dispute board clause, the parties have included an ex tempore contracting structure in their relationship.
Because ex ante contracting that anticipates the many futures of the contract and ex post determination are both undesirable, the derivatives space has increasingly relied on ex tempore contracting.
It was not feasible to completely define "default" ex ante, but it would have been a mess for courts to define it ex post, making ex tempore an attractive technique.
The rise of Determination Committees in high finance highlights what is and is not essential to ex tempore contracting.
This Part explores the theoretical and practical implications of the pervasiveness and importance of ex tempore contracting.