Law Commons^™

The "Catch-22" Of Amazon's Argument To Function As An Auctioneer: The Implied Warranty Of Merchantability, Kyle A. Batson

St. Mary's Law Journal

No abstract provided.

Discovering The Governing Forces Of Esports, An Intellectual Property Gold Mine, Dave Gravely

St. Mary's Law Journal

No abstract provided.

Covid-19 And Cancelled 2020 College Football Games Contracts: Force Majeure?, Drew Thornley

St. Mary's Law Journal

After COVID-19, majeure clauses accounting for the possibility of a pandemic will become the norm in college football game contracts. Indeed, some contracts are already including pandemics in their lists of force majeure-triggering events. Such language has already been added to collegiate game contracts. For example, a contract signed in May 2020 for the 2025 football game between Wisconsin and Miami (Ohio) lists as force majeure-triggering events “regional or global epidemics, pandemics, quarantines, and other similar health threats (e.g.[,] coronavirus, influenza, etc.).” Scholars explain that “the onset of the novel coronavirus pandemic warranted immediate revisitation of college football contracts.”

However, …

Implied Warranties Of Quality On Used Motor Vehicles In Texas., John F. Hunt

St. Mary's Law Journal

Abstract Forthcoming.

Misreading Menetti: The Case Does Not Help You Avoid Liability For Your Own Fraud, Val D. Ricks

St. Mary's Law Journal

Several decades ago, an incorrect legal idea surfaced in Texas jurisprudence: that business entity actors are immune from liability for fraud that they themselves commit, as if the entity is solely responsible. Though the Supreme Court of Texas has rejected that result several times, it keeps coming back. The most recent manifestation is as a construction of Texas’s unique veil-piercing statute. Many lawyers have suggested that this view of the veil-piercing statute originated in Menetti v. Chavers, a San Antonio Court of Appeals case decided in 1998. Menetti has in fact played a prominent role in the movement to …

With Actual Knowledge Comes Lack Of Materiality: Offering A Reasonable Bright-Line Rule For The Escobar Materiality Standard, Nicholas B. Goddard

St. Mary's Law Journal

Abstract forthcoming.

Kcon Xi Essay Introduction: Compulsory Arbitration And Adhesion Contracts In The Age Of Donald Trump, Peter Linzer

St. Mary's Law Journal

Remarks of Peter Linzer on receiving the Lifetime Achievement Award from the 11th International Contracts Conference (K-CON XI). Revised after Election Day, 2016.

"What We Lose In Sales, We Make Up In Volume": The Faulty Logic Of The Financial Services Industry's Response To The Consumer Financial Protection Bureau's Proposed Rule Prohibiting Class Action Bans In Arbitration Clauses, Richard Frankel

St. Mary's Law Journal

Abstract forthcoming.

The Cfpb Anti-Arbitration Proposal: Let's Just Give Arbitration A Chance., Ramona L. Lampley

St. Mary's Law Journal

Abstract forthcoming.

Hurrah For The Consumer Financial Protection Bureau: Consumer Arbitration As A Poster Child For Regulation, Jean R. Sternlight

St. Mary's Law Journal

Abstract forthcoming.

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.

An Analysis Of The 1979 Texas Deceptive Trade Practices Act And Possible Ramifications Of Recent Amendments: Is The Act Still Consumer Oriented., Edmond R. Mccarthy Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Recovery Of Consequential Damages In Breach Of Implied Warranty Action Disallowed To Extent Buyer's Negligence Was Concurring Proximate Cause., Karen Angelini

St. Mary's Law Journal

Abstract Forthcoming.

Recovery Of Usurious Interest Paid Is Not Authorized As A Forfeiture Under Article 5069-1.06(1)., Taylor S. Boone

St. Mary's Law Journal

Abstract Forthcoming.

Manufacturer May Not Raise Defense Of Lack Of Privity In Suit By Remote Consumer For Economic Damages Caused By Defective Product., Frank A. Porter

St. Mary's Law Journal

Abstract Forthcoming.

Public And Private Rights And Remedies Under The Deceptive Trade Practices - Consumer Protection Act., Philip K. Maxwell

St. Mary's Law Journal

Abstract Forthcoming.

The Uniform Commercial Code And The Deceptive Trade Practices Act., Eugene M. Anderson Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Imposition Of Penalty Must Be Caused By Prepayment., George H. Spencer Jr.

St. Mary's Law Journal

Abstract Forthcoming.

The Reclaiming Seller Under Ucc Section 2-702 Vs. His Four Horsemen Of The Apocalypse., Eugene M. Anderson Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Justiciability In Texas: A Study In The Law Of Public Contracts., Kenneth L. Malone

St. Mary's Law Journal

Abstract Forthcoming.

Pragmatic Disgorging Of Insider Profits: A Review Of Cases Reported Under Section 16(B)., B. Thomas Mcelroy

St. Mary's Law Journal

Abstract Forthcoming.

Sellers' Right To Reclaim Has Priority Over A Perfected Security Interest., James M. Smith

St. Mary's Law Journal

Abstract Forthcoming.

Parol Evidence To Prove Resulting Trusts., Mance M. Park

St. Mary's Law Journal

Abstract Forthcoming.

Declining Balance Of Principle Must Be Accounted For When Calculating Interest At The Maximum Legal Rate., Richard Meyer

St. Mary's Law Journal

Abstract Forthcoming.

The Sole Maker Of A Promissory Note Is An Accommodation Party For Payee When Notes Executed For Sole Purpose Of Allowing Payee To Obtain Credit., Holmes Thomas Bennett

St. Mary's Law Journal

Abstract Forthcoming.

Specific Performance Is Not Automatically Available To The Vendor Of A Condominium Unit., Bobby L. Freeman

St. Mary's Law Journal

Abstract Forthcoming.

Who Has Access To The Private Offering Exemption., John D. Fisch

St. Mary's Law Journal

Abstract Forthcoming.

A Discharged Attorney Is Limited To Quantum Meruit Recovery For The Reasonable Value Of His Services And The Right Of Recovery Under A Contingent Fee Contract Does Not Accrue Until The Occurrence Of The Contingency., Sean P. Martinez

St. Mary's Law Journal

Abstract Forthcoming.

When The Promisor Assumes Primary Responsibility And His Leading Object Is To Serve Some Interest Or Purpose Of His Own, Notwithstanding The Effect Is To Pay Or Discharge The Debt Of Another, The Oral Promise Is Not Within The Statute Of Frauds., Alan Jay Rich

St. Mary's Law Journal

Abstract Forthcoming.

Oral Contract To Furnish Labor And Materials To Construct Houses To The Shell Homes Stage, Second Stage Of Three Stages Of F.H.A. Inspection, Was Not General Contract For Purpose Of Relation Back Of Mechanics' And Materialmen's Statutory Liens., Robert Michael Clark

St. Mary's Law Journal

Abstract Forthcoming.