Digital Commons Network^™

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.

Contract Compensation In Nonmarket Transactions, Joseph P. Tomain

Faculty Articles and Other Publications

Professor Tomain assails the myths holding that contract law is either complete and unitary or hopelessly indeterminate. He contends that a distinction must be made between market situations, which require a more formal analysis, and nonmarket transactions to which a more particularized analysis should be applied. Making the market/nonmarket distinction permits flexibility of methodology and considerations of economics, politics, and morals as appropriate, without forcing the conclusion that contracts analysis is totally without structure. Professor Tomain advocates application of reflective doctrinal analysis which tests the sufficiency of a rule of law and reforms the rule if it is not supported …

Holmes On Peerless: Raffles V. Wichelhaus And The Objective Theory Of Contract, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Note On The Reliance Interest, Robert Birmingham

Faculty Articles and Papers

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.

Personal Jurisdiction Over Nonresident Debtors: When May Creditors Sue At Home?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

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.

Public Policy Limitations On Cohabitation Agreements: Unruly Horse Or Circus Pony?, H.G. Prince

Faculty Scholarship

No abstract provided.

Note, "Contort": Tortious Breach Of The Implied Covenant Of Good Faith And Fair Dealing In Noninsurance Commercial Contracts - Its Existence And Desirability, Matthew J. Barrett

Journal Articles

Every contract contains an implied covenant of good faith and fair dealing which prohibits any contracting party from injuring another party's right to receive the benefits of the agreement. Breach of this implied covenant creates a cause of action in contract. Beginning twenty-five years ago, some courts also recognized a cause of action in tort for breach of this implied covenant in insurance contracts.

In recent years, the California courts, the leaders in the development of “‘contort,”’ have repeatedly faced the issue whether courts should expand its application beyond the insurance context. Resolution of the issue is important because tort …

A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr

Faculty Publications

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. …

Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich

Law Faculty Scholarly Articles

In 1958 Kentucky became the third state to enact the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. The General Assembly stated that this legislation was intended to modernize, clarify and simplify the law of commercial transactions. Enactment of the Code also evidenced the legislature's intent to make Kentucky commercial law uniform with that of the other states. Subsequent General Assemblies further implemented these policies by enacting substantially all of the uniform amendments to the Code proposed by the ALI and NCCUSL through 1964.

Unfortunately, these enactments represent our …

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; …

The Limits Of Expanded Choice: An Analysis Of The Interactions Between Express And Implied Contract Terms, Charles J. Goetz, Robert E. Scott

Faculty Scholarship

Although trade and its defining terms lie at the very core of contract law, perceptions of the state's involvement in the exchange process remain peculiarly incomplete. Everyone understands that the state supplies the fundamental property-defining rules for pre-trade endowments. For instance, governmentally provided rules of tort, nuisance, and civil rights establish basic boundaries of what initially belongs to an individual and, hence, what he has to offer in exchange. When an exchange subsequently takes place, however, the parties themselves assume an important part of the burden of communicating what rights are being given and received. Although the state's general rules …

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 …

Price Adjustment In Long-Term Contracts, Victor P. Goldberg

Faculty Scholarship

After parties enter into a contract, changed circumstance might result in one of them being dissatisfied with the price. Anticipating this, the parties could include a price adjustment mechanism in the agreement. If the mechanism is imperfect, some dissatisfaction will remain. This dissatisfaction may result in litigation with the dissatisfied party asking the court either to excuse performance or revise the contract price. For example, large changes in fuel prices since 1973 generated considerable litigation.

In this paper, I suggest a framework for analyzing price adjustment in private contracts. Contrary to most economists and lawyers, I argue that price adjustment …

Legal Opinions On Incorporation, Good Standing, And Qualification To Do Business, Scott T. Fitzgibbon, Donald W. Glazer

Scott T. FitzGibbon

[Also appears in Washington and Lee University Law Review 43 (Summer 1986): 240-275, and in Opinion Letters of Counsel 1987, 313-334, New York: Practising Law Institute, 1987, and in Business Opinions, 237-275, New York: Practising Law Institute, 1988.]

Introduction To Special Issue On Child Support Enforcement, Sanford N. Katz

Sanford N. Katz

No abstract provided.