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A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel
A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel
Grace M. Giesel
One might expect a court to look very skeptically when a party to a personal injury release asks a court to set aside the release. But many courts have reacted atypically when injured parties who have settled their claims have sought to have those releases set aside on the basis of a lack of understanding or knowledge about the injury. Absent facts supporting a claim of fraud or duress, injured parties have turned to the mistake doctrine for relief.
Control Of The Attorney-Client Privilege After Mergers And Other Transformational Transactions: Should Control Of The Privilege Be Alienable By Contract?, Grace M. Giesel
Control Of The Attorney-Client Privilege After Mergers And Other Transformational Transactions: Should Control Of The Privilege Be Alienable By Contract?, Grace M. Giesel
Grace M. Giesel
In recent years, parties to mergers and other transformational transactions have begun inserting into their deal documents provisions allocating post-transaction control of the attorney-client privilege for pretransaction communications. The controller of the privilege is the person or entity who decides whether to assert the privilege or, rather, to waive it. Commonly, representatives of the target entity in a merger or representatives of an asset seller in a transformational sale want post-transaction control of the privilege for pre-transaction communications relating to the transaction. They want control of the privilege so the surviving entity cannot access or use those communications against the …
A Realistic Proposal For The Contract Duress Doctrine, Grace M. Giesel
A Realistic Proposal For The Contract Duress Doctrine, Grace M. Giesel
Grace M. Giesel
Fifty-seven years ago, the noted contracts scholar John P. Dawson stated: [T]he modern American law of duress reflects the convergence of several lines of growth, originally moving from sources quite distinct. The symptom of this convergence has been an increasing interplay and transfer of ideas. Its result has certainly not been a coherent body of doctrine, unified around some central proposition; on the contrary, the conflict and confusion in results of decided cases seems greater that ever before. John P. Dawson, Economic Duress—An Essay in Perspective, 45 Mich. L. Rev. 253, 288 (1947). Dawson's conclusion about "conflict and confusion" of …