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Articles Posted in Auction Law

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Mandatory and Directory Statutes: What does “shall” really mean?

The Chicago Picasso in Daley Plaza, copyright 2023 Harshman Ponist Smith & Rayl Lawyers and others often say that “may” is permissive and “shall” is mandatory.  By that, they mean that when a statute says a person “may” do something, that person has the discretion to do it or not,…

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Buying and selling goods at auction: When does “sold” mean “sold”?

  From a legal perspective, auctions are interesting transactions. Offer and acceptance in most sales Let’s start by discussing an ordinary contract for the sale of goods, one not created at auction. Law students learn in their first year that the formation of a contract requires, among other things, offer…

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