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Full-Text Articles in Law

Brief For Professors James D. Cox Et Al. As Amici Curiae In Support Of Petitioners, Stoneridge Investment Partners V. Scientific-Atlanta, No. 06-43 (U.S. June 11, 2007), Donald C. Langevoort Jun 2007

Brief For Professors James D. Cox Et Al. As Amici Curiae In Support Of Petitioners, Stoneridge Investment Partners V. Scientific-Atlanta, No. 06-43 (U.S. June 11, 2007), Donald C. Langevoort

U.S. Supreme Court Briefs

No abstract provided.


Three Pictures Of Contract: Duty, Power And Compound Rule, Gregory Klass Jan 2007

Three Pictures Of Contract: Duty, Power And Compound Rule, Gregory Klass

Georgetown Law Faculty Publications and Other Works

A fundamental divide among theories of contract law is between those that picture contract as a power and those that picture it as a duty. On the power-conferring picture, contracting is a sort of legislative act, in which persons determine what law will apply to their transaction. On the duty-imposing picture, contract law puts duties on persons entering into agreements for consideration whether they want them or not. Until now, very little attention has been paid to the problem of how to tell whether a given rule is power conferring or duty imposing -- a question that should lie at …