THE LEGAL CONSTRUCTION OF RIGHTS OF FIRST REFUSAL
AbstractThe Anglo-Canadian jurisprudence of rights of first refusal is thin and unsettled. The American case law is more extensive, but equally problematic. Presently, a basic right of first refusal may be defeated or circumvented in a variety of ways. The author explores some of the considerations the parties, especially the prospective holder, ought to address when negotiating and drafting a first refusal.
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