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Articles 1 - 14 of 14
Full-Text Articles in Law
Contracts, Claude D. Rowher
Contracts, Claude D. Rowher
Cal Law Trends and Developments
Recent decisions have brought about a number of changes in the area of contract interpretation. Although the general trends seem clear and commendable, the details are often obscure and bothersome.
Contracts, Robert G. Meiners
Contracts, William T. Laube
Contracts, William T. Laube
Cal Law Trends and Developments
In any given twelve-month reporting period there is, for some reason, a case emphasis on particular problems in each major classification of the law. The field of contracts is no exception. For the period covered by this volume, two basic contract problems float to the surface in the pool of reported appellate decisions. The first problem discussed, and illustrated by a number of recent cases, relates to the obligation to pay "more money" for merchandise or services than that provided for in the original contract. There are various background situations which activate the demand for "more money," but the most …
Commercial Transactions, Neil M. Levy
Commercial Transactions, Neil M. Levy
Cal Law Trends and Developments
The emphasis of this article reflects the degree to which commercial law today is statutory. Particularly in California, where the Uniform Commercial Code has only been in effect since January 1, 1965, few cases construing that statute reached the appellate courts during the year 1967. However, the state legislature in 1967 amended 25 sections of the California Commercial Code. Although these amendments cover a wide range of substantive problems, they can be viewed in the light of the policy of the code as enunciated in section 1102(2)(c), "[t]o make uniform the law among the various jurisdictions." In addition, one group …
Edwards V. Arthur Andersen Llp: There Is Not A "Narrow-Restraint" Exception To California's Prohibition Of Noncompetition Agreements, And A General Release May Not Mean What It Says, Bradford P. Anderson
Edwards V. Arthur Andersen Llp: There Is Not A "Narrow-Restraint" Exception To California's Prohibition Of Noncompetition Agreements, And A General Release May Not Mean What It Says, Bradford P. Anderson
Golden Gate University Law Review
On August 7, 2008, the California Supreme Court issued a vital enunciation of State Law in the decision of Edwards v. Arthur Andersen LLP. The court explicitly rejected the existence of any "narrow restraint" exception to California's prohibition against noncompetition agreements under California Business and Professions Code section 16600. The majority also stated that a general release "does not encompass nonwaivable statutory protections, such as the employee indemnity protection of [Labor Code section] 2802,'' even if the express language of the contract is all-encompassing. The Edwards Court's rejection of a "narrow-restraint" exception brings needed certainty to interpretation of Business and …
Challenging Adhesion Contracts In California: A Consumer's Guide, Sierra David Sterkin
Challenging Adhesion Contracts In California: A Consumer's Guide, Sierra David Sterkin
Golden Gate University Law Review
This Comment explores the California scheme for dealing with adhesion contracts, and proposes a change to the existing legal structure. Part I describes how California courts define adhesion contracts, examines the theories California courts have adopted to allow consumers to challenge adhesion contracts, and considers how jurisdictions outside California handle adhesion contracts. Part II focuses on when California courts will consider a contract adhesive and unenforceable. Part III compares California's system of dealing with adhesion contracts with systems established in jurisdictions outside California in order to determine whether there is truly any substantive difference. Part IV suggests changes to improve …
Defining Hospitality Entities In Contracts And Statutes: A Proactive And Preventative Approach, Andrea Bastian, Stephen Barth
Defining Hospitality Entities In Contracts And Statutes: A Proactive And Preventative Approach, Andrea Bastian, Stephen Barth
Golden Gate University Law Review
This Comment serves as a guide to contracting parties and legislative drafters to initially, in an accurate and descriptive manner, define the scope of the entity, and thus, avoid litigation. Additionally, the factors enumerated through permissive uses and restrictive covenants (such as a dancing or minimum stay requirement) if utilized, will enhance the enforceability of the statutes and contractual restrictive covenants.
A Pig In The Parlor: An Examination Of Legislation Directed At Obscenity And Indecency On The Internet, Andrew Spett
A Pig In The Parlor: An Examination Of Legislation Directed At Obscenity And Indecency On The Internet, Andrew Spett
Golden Gate University Law Review
The Internet, or ARPAnet, was originally developed by the U.S. Defense Department to support military research. As academics were invited to use the system, word of the system's research utility quickly spread. As the popularity of the computer increased, public consumer demand for access to the Internet increased. Consequently, the Internet quickly became a household word, no longer confined to government or academic circles. Currently, the Internet accommodates million users, and the numbers increase daily. In light of the expanse and growing importance of the Internet, this Comment will discuss the history and application of obscenity laws. This Comment will …
Contract Law, Suheil Joseph Totah
Contract Law, Suheil Joseph Totah
Golden Gate University Law Review
No abstract provided.
Seaman's Direct Buying Service, Inc. V. Standard Oil Co.: Scaling The Stonewall Tort, Alisa J. Kim
Seaman's Direct Buying Service, Inc. V. Standard Oil Co.: Scaling The Stonewall Tort, Alisa J. Kim
Golden Gate University Law Review
In Seaman's Direct Buying Service, Inc. v. Standard Oil CO., the California Supreme Court affirmed its position that an insurance carrier may risk tort liability for breach of the implied covenant of good faith and fair dealing in addition to contract damages. Moreover, Seaman's enabled the court to explore such liability in the context of an ordinary commercial contract in which "parties of roughly equal bargaining power are free to shape the contours of their agreement." The Seaman's majority deemed it unnecessary to find tort liability on the breach of the implied covenant issue. Instead the court created a more …
Wolf And Wilhelmina: Giving Entertainers A License To Breach Their Contracts, Mark Conrad
Wolf And Wilhelmina: Giving Entertainers A License To Breach Their Contracts, Mark Conrad
Golden Gate University Law Review
Parts I and II of this article will discuss the Wolf and Wilhelmina cases. Part III will describe the equitable contract remedies of specific performance and injunctions for breach of a personal services contract. Part IV will discuss a proposed new standard to permit the award of special damages that may provide a more effective remedy for future breaches of contract.
Trends On The Harmonization Of Contract Law In Africa, Salvatore Mancuso
Trends On The Harmonization Of Contract Law In Africa, Salvatore Mancuso
Annual Survey of International & Comparative Law
Taking into consideration both the need for domestic legal reform in commercial matters and the importance of promoting harmonized commercial solutions for Africa, in this paper I first review the concept of legal harmonization in general and with particular reference to the situation in Africa. I then provide an overview of OHADA and COMESA, the two main initiatives of regional integration in Africa having implications in the harmonization of commercial law in general, and in the law of contract in particular. I conclude by affirming the interest of further exploring the possibilities related to the harmonization/uniformization of the law of …
A Study Of The Significant Aspects Of German Contract Law, Manfred Pieck
A Study Of The Significant Aspects Of German Contract Law, Manfred Pieck
Annual Survey of International & Comparative Law
No abstract provided.