Law Commons^™

Exception Clauses And Negligence-The Influence Of Contract On Bailment And Tort, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

Judgments at first instance have rarely been the subject of comment.' The recent decision of Steyn J in Singer Co (UK) Ltd v Tees and Hartlepool Port Authority,2 however, merits consideration for at least three reasons. First, it focuses upon important issues in the law of bailment, at least one of which has hitherto only been considered at first instance in any event. Secondly, the decision provokes thought on the much broader issue of the effect of exception clauses upon the general duty of care in tort, in particular whether the reasoning in the bailment context could be extended and …

Binding Contracts In Georgia Local Government Law: Configurations Of Codification, R. Perry Sentell Jr.

Scholarly Works

The potential for creating uncertainty looms as a primary and ever-present problem in the codification process. A dominant concern is the fear the unintended statutory changes--or, worse still, the quandary of whether what appears to be such a change was truly intended--may result. The perplexing issues emanating from that quandary can considerably dissipate the benefits of progressive statutory codification. For purely illustrative purposes, attention might be called to the present plight of an historic precept in Georgia local government law. That precept unflinchingly condemns a local governing authority's efforts to commit its successors to a given course of governmental action. …

The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton

All Faculty Scholarship

No abstract provided.

The Northwest Power Planning Council: A Model For Cooperative Planning In The Missouri Basin?, Gerald Mueller

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

16 pages.

Contains references.

A Colorado River Basin Authority: Opportunity For Sharing River Basin Management And Resources, David H. Getches

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

32 pages.

Contains references.

Coordinated Water Management In A Basin With Erratic Surface Supplies: The Law North And South Of The Pecos, Charles T. Dumars

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

11 pages.

Contains references.

The Missouri: River Of Promise Or River Of Peril?, John E. Thorson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

14 pages (includes 1 map).

Contains references.

The Delaware River Basin: Courts, Compacts And Commissions, R. Timothy Weston

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

112 pages (includes illustrations and 1 map).

Contains references.

Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.

Allocation And Use Of International Rivers: Recent Developments In International Law, Daniel Barstow Magraw

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

26 pages.

Contains references.

The Colorado River Compact: A Breeding Ground For International, National, And Interstate Controversies, John U. Carlson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

38 pages.

Contains references.

Arkansas River Controversy, David W. Robbins

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

14 pages.

Interstate Allocation Of The Platte River, J. David Aiken

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

27 pages.

Contains references.

Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.

Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

53 pages.

Contains references.

Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

70 pages.

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …

Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester

Publications

This Article discusses whether, and to what extent, a broad-cast news employee may be bound by a contractual provision that purportedly relinquishes his right to contract subsequently for other employment. Specifically, this Article dis-cusses the applicable law of selected jurisdictions, critiques the rationale most often used in defending these covenants ("uniqueness of employee services"), reports the results of a survey regarding industry practices, and discusses the distinctions between legal enforceability and practical enforcement. Finally, this Article proposes changes in the law, including abandonment of the "unique services" rationale and adoption of specialized standards by which the validity of such contract …

Measuring The Unjust Enrichment In A Restitution, Howard Hunter

Research Collection Yong Pung How School Of Law

Unjust enrichment is a theme common to most restitution cases in the United States. The theory of recovery is based on a justice principle the disgorgement of an unfairly obtained gain. The goal, in general, is to require the defendant to give up his gain rather than to compensate the plaintiff for a loss, as in a tort case, or to substitute damages for an unfulfilled expectancy, as in a contract case. This paper examines some of the issues that surround the measurement of the unjust enrichment and the defendant's liability. There are a number of straightforward rules for the …

The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse

LLM Theses and Essays

While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …

Why Is There Taylor V. Caldwell - Thre Propositions About Impracticability, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

Interpretation Of Contemporary Commercial Agreement A Comparative Study, Qing Cai

LLM Theses and Essays

Many disputes arising under commercial agreements turn upon the interpretation of the agreement. Interpretation is the process by which a court ascertain in meaning that it will give to the language used by the parties in determining the legal effect of an existing agreement. It also involves questions as to whether additional duties or excuses will be implied. In addition, interpretation can be relevant to contract formation since courts may be forced to determine the meaning of communication used by the parties before they determine whether the parties have reached an agreement. To some extent, how the judges interpret the …

Gas Contracting: The Lessons Of The Seventies, John S. Lowe

Faculty Journal Articles and Book Chapters

No abstract provided.

Stepping Out Of The Morass Of Duress Cases: A Suggested Policy Guide, Juliet P. Kostritsky

Faculty Publications

Traditional coercion theories and elements are simply inadequate as an exclusive focus of analysis in duress cases. This Article does not propose a new theory of duress. Instead, it suggests a refinement of doctrine in which the courts candidly articulate certain key policy goals and develop elements based on them. These policy goals include efficiency, disclosure of unexpected risks, judicial capability, reliance, and economic incentives. If decisionmakers adopted the policy analyses suggested here, the predictability of judicial decisionmaking would be enhanced and a supplemental analysis would be available when the doctrinal elements become difficult to apply. Moreover, this approach would …

Quantum Meruit And Building Contracts: Part Ii Does The Contract Price Put A Ceiling On A Recovery Via A Quantum Meruit?, Howard Hunter, J. W. Carter

Research Collection Yong Pung How School Of Law

The question posed by the title of this part of the article has been the subject of a substantial amount of commentary by American legal scholars and has been a central issue in a number of cases, almost all of them involving building contracts. The problem is easy to state: P and D have an agreement for P to construct a building for a total consideration of $X. When P is partially finished, D breaches. If the contract price and the value of the work to date roughly coincide, there is usually little problem in determining P's recovery. The standard …

Choice Of Law Issues In International Sale Of Goods Contracts, Bayu Seto Hardjowahono

LLM Theses and Essays

The growing quality and quantity of today’s international sales of goods activities is unquestionably influential and vital to the shaping of current national economies throughout the world.

The present work will explore the issue of choice of law questions in international sale of goods contracts by examining the approaches of the Vienna 1980 Convention, the Hague 1955 Convention and the 1985 Draft Convention. The present work concludes by showing that it is advisable for a forum to use the 2^nd Restatement approach in such a situation because of the degree of flexibility it offers in international trade practices.

A Critical Legal Studies Perspective On Contract Law And Practice, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The critical legal studies movement is often viewed as highly theoretical, characterized by impenetrable scholarship that makes frequent reference to the work of"famous dead Europeans." Indeed, the theoretical detachment of critical legal studies from real-world concerns has led some to speculate that the methodologies of the movement are so abstract and stylized that they could be used to deny the validity of distinctions that we commonly rely upon in everyday life-even something as basic as the distinction between up and down. Given the level of abstraction at which most critical legal studies analysis occurs, one might wonder why a critical …

Quantum Meruit And Building Contracts: Part I The Quantum Meruit Concept, Howard Hunter, J. W. Carter

Research Collection Yong Pung How School Of Law

The aim of this article is to discuss the restitutionary principles applicable to quantum meruit claims in building contracts. In the first part we consider the concept itself and identify the contexts in which such a claim is pursued. In the second part of the article, to be published in the next issue of the JCL, attention is directed, principally, to one issue, namely whether the contract price constitutes a ceiling on the amount recoverable under a quantum meruit claim following breach by the defendant.

Foreword: The Economics Of Contract Law, Michael J. Meurer

Faculty Scholarship

The articles in this issue are samples from the burgeoning economics of contract law. They demonstrate that lawyers a can bring economic models to bear on quite specific issues of co offer normative guidance regarding the structure of efficient The success of the symposium and the quality of the articles of this field will continue to flourish. The articles cover a fairly narrow range of contract law issues. The second through sixth articles all address topics involving remedies. Two of these loo at the optimal remedies to be provided by contract law, and the other three are concerned with remedies …