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Full-Text Articles in Law
Binding Contracts In Georgia Local Government Law: Configurations Of Codification, R. Perry Sentell Jr.
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. …
Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson
Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
Quantum Meruit And Building Contracts: Part I The Quantum Meruit Concept, Howard Hunter, J. W. Carter
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.
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
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 …
Written Agreements In The Lender-Borrower Context: The Illusion Of Certainty, Robert D. Rowe
Written Agreements In The Lender-Borrower Context: The Illusion Of Certainty, Robert D. Rowe
Vanderbilt Law Review
Recent legal battles in the lender-borrower arena have received widespread attention. The fact that these battles occur merits little surprise because borrowers often seek recourse against lenders when financial commitments go awry. Moreover, recent lender-borrower cases do not introduce any new legal theories. The outcome is the noteworthy feature of these cases. Borrowers increasingly are obtaining judgments against lenders. This Note examines recent lender-borrower cases from a contractual perspective, analyzing the application of traditional contract principles in the lender-borrower context. Part II of this Note contends that courts are trying to address three concerns in the lender-borrower context: maintenance of …
Contracts: Rodgers V. Tecumseh Bank: Re-Evaluating The Christian Principle Of Tort Liability For Breach Of Good Faith, Carolyn S. Smith
Contracts: Rodgers V. Tecumseh Bank: Re-Evaluating The Christian Principle Of Tort Liability For Breach Of Good Faith, Carolyn S. Smith
Oklahoma Law Review
No abstract provided.
The "Nexus Of Contracts" Corporation: A Critical Appraisal, William W. Bratton
The "Nexus Of Contracts" Corporation: A Critical Appraisal, William W. Bratton
All Faculty Scholarship
No abstract provided.
The Athletic Scholarship And The College National Letter Of Intent: A Contract By Any Other Name, Michael Cozzillio
The Athletic Scholarship And The College National Letter Of Intent: A Contract By Any Other Name, Michael Cozzillio
Michael J. Cozzillio
No abstract provided.