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Articles 1 - 30 of 34
Full-Text Articles in Law
Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg
Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg
Law Faculty Scholarly Articles
This article focuses on two classes of commercial paper issues. Section I considers the Uniform Commercial Code rules relevant to determining whether a corporation or its agents are bound by contracts made upon a negotiable instrument. Application of these rules continues to be an important and recurrent source of legal disputes. Section II considers the rights of corporations or their agents to obtain holder status prerequisite to enforcing commercial paper contracts. Problems relating to the attainment of this status can result from corporate engagement in joint-enterprise with artificial or natural persons and from the linkage of corporations through common ownership …
The Efficiency Of Specific Performance: Toward A Unified Theory Of Contract Remedies, Thomas S. Ulen
The Efficiency Of Specific Performance: Toward A Unified Theory Of Contract Remedies, Thomas S. Ulen
Michigan Law Review
The purpose of this essay is to begin the development of an integrated theory of contract remedies by delineating the circumstances under which courts should simply enforce a stipulated remedy clause or grant relief to the innocent party in the form of damages or specific performance. The conclusion, in brief, is that in the absence of stipulated remedies in the contract that survive scrutiny on the usual formation defenses, specific performance is more likely than any form of money damages to achieve efficiency in the exchange and breach of reciprocal promises. If specific performance is the routine remedy for breach, …
Time Sharing: The North Carolina General Assembly's Response To Ownership Of Time Share Contracts, Stephen T. Gheen
Time Sharing: The North Carolina General Assembly's Response To Ownership Of Time Share Contracts, Stephen T. Gheen
North Carolina Central Law Review
No abstract provided.
Burger King Corp. V. Rudzewicz, Lewis F. Powell Jr.
Burger King Corp. V. Rudzewicz, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Landreth Timber Co. V. Landreth, Lewis F. Powell Jr.
Landreth Timber Co. V. Landreth, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
A Critique Of The Promise Model Of Contract, Wallace K. Lightsey
A Critique Of The Promise Model Of Contract, Wallace K. Lightsey
William & Mary Law Review
No abstract provided.
The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney
The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney
Washington Law Review
Courts have consistently held that Article 2 of the Uniform Commercial Code (U.C.C.) governs transactions involving computer hardware. Treatment of computer software transactions has been less consistent. This Comment contends that computer software, an intangible, is not within the scope of Article 2. It further contends that the warranty of merchantability cannot meaningfully be applied by analogy in computer software contracts. Finally, this Comment concludes that existing tort and contract causes of action provide software users with sufficient protection.
Twenty Years After: Reflections On The Uniform Commercial Code In Arkansas—Articles 3 And 4, Arthur G. Murphey Jr.
Twenty Years After: Reflections On The Uniform Commercial Code In Arkansas—Articles 3 And 4, Arthur G. Murphey Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Drafting A Contract Mining Agreement--The Owner's Perspective, Charles Q. Gage
Drafting A Contract Mining Agreement--The Owner's Perspective, Charles Q. Gage
West Virginia Law Review
No abstract provided.
The Evolution Of Law: The Roman System Of Contracts, Alan Watson
The Evolution Of Law: The Roman System Of Contracts, Alan Watson
Scholarly Works
I have two aims in producing this paper. First, I wish to contribute to the general understanding of how and why law develops and explain the evolution of some very familiar legal institutions. Second, I wish to add to our knowledge of the history of Roman law, by producing a radically different view of the development of contracts, that is, I believe, both consistent with surviving textual data and plausible with regard to human behavior.
Contract Mining Agreements--The Contract Miner's Perspective, Henry Mcc. Ingram, John H. Lawrence Jr.
Contract Mining Agreements--The Contract Miner's Perspective, Henry Mcc. Ingram, John H. Lawrence Jr.
West Virginia Law Review
No abstract provided.
Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman
Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman
Cornell Law Faculty Publications
The Uniform Commercial Code does not offer a systematic approach to the rules governing the evidentiary relationships of parties to commercial litigation. In this article, Professors Allen and Hillman present a general analytical approach to proof rules, highlight the shortcomings of the Code's evidentiary provisions, and discuss the inevitable confusion in the case law construing the Code. They propose an amendment to the Code designed to clarify and improve the Code approach.
The Promise Of The Future--And Vice Versa: Some Reflections On The Metamorphosis Of Contract Law, Charles L. Knapp
The Promise Of The Future--And Vice Versa: Some Reflections On The Metamorphosis Of Contract Law, Charles L. Knapp
Michigan Law Review
A Review of Contracts by E. Allan Farnsworth
The Equal Credit Opportunity Act's Spousal Co-Signature Rules: Suretyship Contracts In Separate Property States, Winnie F. Taylor
The Equal Credit Opportunity Act's Spousal Co-Signature Rules: Suretyship Contracts In Separate Property States, Winnie F. Taylor
Faculty Scholarship
No abstract provided.
Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince
Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince
Faculty Scholarship
No abstract provided.
Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker
Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick
Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick
Law Faculty Research Publications
During the Survey period, the Michigan Supreme Court decided cases involving mutual mistake, the enforceability of a contractual limitation period, and termination of a licensing agreement. The court of appeals considered implied in fact contract theories, interpretation, the parol evidence rule, and claims for exemplary and mental distress damages for breach of contract. In addition, the court of appeals revisited rejection and acceptance under the Uniform Commercial Code, and decided several cases involving medical malpractice arbitration agreements.
Contract Formation Under The United Nations Convention On Contracts For The International Sale Of Goods And The Uniform Commercial Code, James Edward Joseph
Contract Formation Under The United Nations Convention On Contracts For The International Sale Of Goods And The Uniform Commercial Code, James Edward Joseph
Penn State International Law Review
The United Nations Convention on Contracts for the International Sale of Goods aspires to the role of a transcendent uniform law. In order to lend uniformity to international sales law, the Convention must reduce the necessity of resorting to domestic conflict rules to determine applicable law, and it must reduce forum shopping. The second section of this Comment is a brief history of the effort to unify international sales law. The third section is concerned with uniformity. The applicability of the Convention with regard to both forum shopping and reliance on domestic conflict rules will be discussed. Ratification procedures are …
The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton
The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton
All Faculty Scholarship
Professor Bratton examines judicial regulation of issuer-bondholder conflicts of interest within three different, but closely related doctrinal frameworks: neoclassical contract interpretation; contract avoidance; and corporate law fiduciary restraint. After discussing the elements of convertible bond valuation and their interaction with issuer actions giving rise to conflicts of interest, he evaluates the case for judicial intervention to protect bondholder interests. He concludes that ·bondholder protective intervention is fair and tolerably efficient, provided it is kept within the bounds of contract interpretation. But he finds that more aggressive judicial intervention under the frameworks of contract avoidance and fiduciary restraint carries an unnecessary …
Visitation Beyond The Traditional Limitations, Michael J. Lewinsky
Visitation Beyond The Traditional Limitations, Michael J. Lewinsky
Indiana Law Journal
No abstract provided.
As The Walls Came Tumbling Down: Architects' Expanded Liability Under Design-Build/Construction Contracting, 17 J. Marshall L. Rev. 1 (1984), Hal G. Block
UIC Law Review
No abstract provided.
Negligent Performance Of Service Contracts And The Economic Loss Doctrine, 17 J. Marshall L. Rev. 249 (1984), Timothy L. Bertschy
Negligent Performance Of Service Contracts And The Economic Loss Doctrine, 17 J. Marshall L. Rev. 249 (1984), Timothy L. Bertschy
UIC Law Review
No abstract provided.
Dobosz V. State Farm Fire & (And) Casualty Co.: Representations In Insurance Advertising Brochure As Part Of The Insurance Contract, 17 J. Marshall L. Rev. 969 (1984), Michael Lowe
UIC Law Review
No abstract provided.
Twisting Slowly, Slowly In The Wind: The Effect Of Delay On A Surety's Obligations In Virginia, Michael J. Herbert
Twisting Slowly, Slowly In The Wind: The Effect Of Delay On A Surety's Obligations In Virginia, Michael J. Herbert
University of Richmond Law Review
It is a commonplace among lawyers that the surety, especially the uncompensated surety, is a favorite of the law whose obligations are strictly construed, and with whose sacred rights no designing creditor dare tamper with impunity. In fact, a more reliable maxim might be that "the [surety's] lot is not a happy one." While at common law any change in the obligation of the principal to the creditor discharges the surety, this rule, in many respects, is quite meaningless; and, even where meaningful, easily circumvented. The consent of the surety to a change in the obligation generally precludes discharge, even …
Greenwood Shopping Plaza Ltd. V. Beattie And Pettipas: Life Masquerading As A Contract Case, C. M. Arymowicz
Greenwood Shopping Plaza Ltd. V. Beattie And Pettipas: Life Masquerading As A Contract Case, C. M. Arymowicz
Dalhousie Law Journal
The Supreme Court of Canada held that the defendants in Greenwood Shopping Plaza Ltd. v. Beattie and Pettipas1 could not claim any benefit from a contract because they were third party beneficiaries thereto. Restated, the Court permitted the insurer of a building to reach through the landlord and the tenant, and recoup itself by saddling the tenant's employees with liability for negligently performing their jobs although it could sue neither landlord nor tenant. This result is so unpalatable to both business and labour that it will be avoided, and insurers will acquiesce. In this note I will, (a) by way …
Book Review. From Swift To Erie: An Historical Perspective, Gene R. Shreve
Book Review. From Swift To Erie: An Historical Perspective, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Arbitration Of International Contract Disputes, William W. Park
Arbitration Of International Contract Disputes, William W. Park
Faculty Scholarship
International commercial arbitration has been the victim of its own success. Arbitration is often the only dispute resolution process acceptable in business contexts where parties from different countries have rejected recourse to each other's legal system at the outset of the contractual relationship. For example, when a Swedish shipyard contracts to build tankers for an agency of the Libyan government, the Swedes are unlikely to relish the prospect of appearing before Libyan courts, and the Libyans may view submission to the courts of Sweden (or of another industrialized Western nation) as an affront to Libyan national sovereignty. Neither the Swedish …
Book Review, I. I. Kavass
Book Review, I. I. Kavass
Vanderbilt Journal of Transnational Law
The legal aspects of international contracts for the sale of goods are intrinsically complex. First, the negotiation and performance of international contracts must frequently be conducted at a distance and with the assistance of many intermediaries. The rights and obligations of parties to an international sale are usually more manifold than those of a purely domestic sales transaction, and the effect and scope of these international rights and obligations must be determined by sophisticated mercantile rules which are not present in all legal systems. Second, because an international sales transaction extends beyond the boundaries of one country, it is invariably …
Conflicts Of Interest In The Insurer's Duty To Defend In Illinois, 17 J. Marshall L. Rev. 379 (1984), John Dwight Ingram
Conflicts Of Interest In The Insurer's Duty To Defend In Illinois, 17 J. Marshall L. Rev. 379 (1984), John Dwight Ingram
UIC Law Review
No abstract provided.
The Reconstruction Of Insurance Contracts Under The Doctrine Of Reasonable Expectations, 18 J. Marshall L. Rev. 155 (1984), Scott B. Krider
The Reconstruction Of Insurance Contracts Under The Doctrine Of Reasonable Expectations, 18 J. Marshall L. Rev. 155 (1984), Scott B. Krider
UIC Law Review
No abstract provided.