Digital Commons Network^™

Injunctive Relief In The United States Claims Court: Does A Bid Protester Have Standing?, Steven R. Sumsion

BYU Law Review

No abstract provided.

Representing The Arkansas Timber Owner In Timber Sale Transactions: Some Contract Drafting Considerations, Christopher R. Kelley

University of Arkansas at Little Rock Law Review

No abstract provided.

Contracts As Commodities: Issues And Approaches In Regard To Commercial Real Estate Earnest Money And Option Contracts - A Texas Lawyer's Perspective., Bille J. Ellis Jr., Bennett I. Abramowitz

St. Mary's Law Journal

Abstract Forthcoming.

Notes On The Reliance Interest, Robert Birmingham

Washington Law Review

The topic is Contract Damages. The interests are defined by how we protect them. Imagine a breaching promisor. We protect the reliance interest of the promisee by requiring the promisor to put her in a position as good as she would have been in had the parties not contracted. The other interests are the restitution interest, which we protect by requiring the promisor to give back what the promisee has given him; and the expectation interest, which we protect by requiring the promisor to put the promisee in a position as good as she would have been in had he …

Bad Faith In First Party Insurance Contracts—What's Next, Paula J. Casey

University of Arkansas at Little Rock Law Review

No abstract provided.

Relief From Long-Term Coal Sales Contracts Through Commercial Impracticability, M. Rosalee Juba

West Virginia Law Review

No abstract provided.

Installment Land Contracts-The National Scene Revisited, Grant S. Nelson, Dale A. Whitman

BYU Law Review

No abstract provided.

Landlord And Tenant: A Study In Property And Contract, Edward Chase, E. Hunter Taylor Jr.

Villanova Law Review

No abstract provided.

Mandatory Disclosure: The Key To Residential Real Estate Brokers' Conflicting Obligations, 19 J. Marshall L. Rev. 201 (1985), John R. Ardaugh

UIC Law Review

No abstract provided.

European And American Antitrust Regulation Of Pricing By Monopolists, Gregory B. Adams

Vanderbilt Journal of Transnational Law

Article 86 of the Treaty of Rome outlaws any "abuse ... of a dominant position within the common market or a substantial part of it." The EEC prohibition is similar to the developed meaning of "monopolization" in section 2 of the Sherman Act, requiring both market power and improper conduct. This Article analyzes the type of conduct that is considered improper: specifically, the pricing practices that constitute abuse under article 86, or monopolization under section 2.

Article 86 provides examples that help determine what abuse is:

Such abuse may, in particular, consist in:

(a) directly or indirectly imposing unfair purchase …

International Franchising Arrangements And Problems In Their Negotiation, Warren Pengilley

Northwestern Journal of International Law & Business

Franchising is little understood in legal circles. Almost certainly the reason for the lack of any common jurisprudential approach to franchising is that franchising relationships simply do not fit neatly into any of the common law moulds with which we are all familiar. Franchising typically partakes of a number of these relationships while not totally embracing any of them. For example, it partakes of, but does not totally embrace, the concepts of (1) employer and employee; (2) distributorship; (3) licensor and licensee; (4) agency; or (5) vendor and purchaser, to varying degrees, depending upon individual transactions. Because of the scope …

First Galesburg National Bank & (And) Trust Co. V. Joannides: A Debtor's Right In Repossessed Collateral Stripped Without Notice, 19 J. Marshall L. Rev. 179 (1985), Donald Q. Manning

UIC Law Review

No abstract provided.

The Problem Of Offer And Acceptance: A Study Of Implied-In-Fact Contracts In Islamic Law And The Common Law, Aron Zysow

Cleveland State Law Review

Every student of Islamic law is familiar with the formation of contract by offer (jdb) and acceptance (qabud). Of the rules of jdb and qabul one can quote Karl Llewellyn's statement about their common law counterparts: they "have been worked over; they have been written over; they have been shaped and rubbed smooth with pumice, they wear the rich deep polish of a thousand classrooms."' The apparent prominence of offer and acceptance in the two legal systems, however, should not mislead one into seeing similarity where there is significant difference. Some of these differences are the subject of this paper. …

Contract Law - Fixed Price Option Vs. Right Of First Refusal: Construction Of A Dual Option Lease - Texaco, Inc. V. Creel, Mark Scruggs

Campbell Law Review

This note focuses on the proper interpretation of what has been referred to as a dual option lease; that is, a lease containing both an option to purchase at a fixed price and a right of first refusal. The issue is the relationship between the fixed price option and the right of first refusal. Does the lessee's failure to exercise the right of first refusal extinguish his rights under the fixed price option, effectively forcing him to meet any bona fide third party offer or risk the loss of his investment? Or, are the two provisions independent of each other; …

Dependent Covenants In Commercial Leases: Hindquarter Corp. V. Property Development Corp., Tracy R. Antley Faust

Seattle University Law Review

This Note demonstrates that the Washington Supreme Court correctly applied contract principles to the Hindquarter lease dispute. The Note first reviews the historical development of dependent covenants in both residential and commercial contexts. After setting out this important background information, the Note examines Hindquarter and the three factors that influenced the Washington Supreme Court in following the dependent covenants trend: (1) material inducements to execute the lease; (2) the intent of the parties; and (3) equity and policy considerations. The Note concludes that, even though the landlord prevailed in Hindquarter, commercial tenants stand to gain most from the supreme …