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Contract Law, Party Sophistication And The New Formalism, Meredith R. Miller
Contract Law, Party Sophistication And The New Formalism, Meredith R. Miller
Missouri Law Review
Part II of this Article positions the discussion in a theoretical context and describes the significance of party sophistication as a compromise between formalist and realist concerns. Part III collects examples of settings in which courts have used party sophistication as a tool to organize the world of contracting parties and, with that, the applicable legal principles. For sophisticated parties, in answering a wide array of contract questions, courts employ a formalist approach. Part IV begins descriptively and addresses the general lack of meaningful assessment of party sophistication. Drawing upon the review of hundreds of cases, Part IV identifies what …
Demise Of Arbitration Agreements In Long-Term Care Contracts, The, Laura K. Bailey
Demise Of Arbitration Agreements In Long-Term Care Contracts, The, Laura K. Bailey
Missouri Law Review
This Article argues that pre-dispute compulsory arbitration provisions in nursing home contracts should not be enforced and encourages the elimination of such clauses in long-term care contracts. This Article will lay out the historical background and development of arbitration and then will address the use of arbitration clauses in nursing home admission contracts. Finally, this Article will explore recent developments of arbitration law in long-term care contracts, both federally and in the state of Missouri, with particular attention given to the Supreme Court of Missouri's decision in Lawrence v. Beverly Manor.