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Contracts

Yeshiva University, Cardozo School of Law

Jurisprudence

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Full-Text Articles in Law

Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks Apr 1999

Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks

Faculty Articles

The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …

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The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell Mar 1992

The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell

Cardozo Law Review

No abstract provided.

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Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe Mar 1992

Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe

Cardozo Law Review

No abstract provided.

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"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag Jul 1990

"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag

Cardozo Law Review

No abstract provided.

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Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld Jul 1990

Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

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Professor Weinrib's Coherence, Alan Brudner Feb 1990

Professor Weinrib's Coherence, Alan Brudner

Cardozo Law Review

No abstract provided.

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Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson Dec 1989

Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson

Cardozo Law Review

No abstract provided.

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Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman Mar 1989

Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman

Cardozo Law Review

No abstract provided.

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The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton Jr. Jan 1984

The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton Jr.

Cardozo Law Review

No abstract provided.

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Contract And Uncertainty: The Reformation Of An International Business Agreement, Joan A. Lipton Jan 1979

Contract And Uncertainty: The Reformation Of An International Business Agreement, Joan A. Lipton

Cardozo Law Review

No abstract provided.

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