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Full-Text Articles in Law

Covid, Contracts, And Colleges, John K. Setear Feb 2024

Covid, Contracts, And Colleges, John K. Setear

West Virginia Law Review

No abstract provided.


Smart Contracts And Consumers, Tatiana Cutts Sep 2019

Smart Contracts And Consumers, Tatiana Cutts

West Virginia Law Review

“Smart contracts” are a way of using computers to make contracts unbreakable. Contracting parties do not need to trust one another to perform or rely upon intermediaries to enforce performance. Performance is guaranteed. This is supposed to be a victory for the ordinary person—a clever socio-economic application of cryptography that strips power from companies and governments and gives it to consumers. But it turns out that less trust does not mean more freedom, or better bargains. The law of contract supports valuable relationships both by enforcing duties and by allowing parties to escape the consequences of ill-formed contracts and oppressive …


Contract Remedies In Action: Specific Performance, Yonathan A. Arbel Sep 2015

Contract Remedies In Action: Specific Performance, Yonathan A. Arbel

West Virginia Law Review

No abstract provided.


Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law, Bryan Druzin Sep 2014

Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law, Bryan Druzin

West Virginia Law Review

No abstract provided.


Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis Apr 2014

Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis

West Virginia Law Review

No abstract provided.


Hypothetical Efficiency Is Not Grounds For Breach, Daniel M. Isaacs Sep 2013

Hypothetical Efficiency Is Not Grounds For Breach, Daniel M. Isaacs

West Virginia Law Review

The law does not approve of the efficient breach of contract; it merely provides or fails to provide remedies. Although there are situations where the law implies contract terms, there is no basis for an implied covenant of efficiency. Hypothetical contracts, purporting to incorporate a release where the cost of performance to the promisor exceeds its value to the promisee, cannot be used to bind people to results, even efficient ones, to which they did not agree. Where it is inefficient to demand performance, flexibility should come from the promisee who, having received in trust the power to limit the …


Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis Apr 2013

Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis

West Virginia Law Review

No abstract provided.


The Impact Of Technology On Pre-Digital Recording Agreements: An Examination Of F.B. T. Productions, Llc V. Aftermath Records, Lauren K. Turner Sep 2011

The Impact Of Technology On Pre-Digital Recording Agreements: An Examination Of F.B. T. Productions, Llc V. Aftermath Records, Lauren K. Turner

West Virginia Law Review

No abstract provided.


Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson Apr 2011

Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson

West Virginia Law Review

No abstract provided.


Cause Breaking Up Is Hard To Do: The Need For Uniform Enforcement Of Cohabitation Agreements In West Virginia, Emily E. Diederich Apr 2011

Cause Breaking Up Is Hard To Do: The Need For Uniform Enforcement Of Cohabitation Agreements In West Virginia, Emily E. Diederich

West Virginia Law Review

No abstract provided.


Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes Apr 2010

Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes

West Virginia Law Review

No abstract provided.


From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young Jan 2010

From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young

West Virginia Law Review

No abstract provided.


Fighting For Respect: Mma's Struggle For Acceptance And How The Muhammad Ali Act Would Give It A Sporting Chance, Geoff Varney Sep 2009

Fighting For Respect: Mma's Struggle For Acceptance And How The Muhammad Ali Act Would Give It A Sporting Chance, Geoff Varney

West Virginia Law Review

No abstract provided.


Shrinkwrap, Clickwrap, And Other Software License Agreements: Litigating A Digital Pig In A Poke In West Virginia, David R. Collins Jan 2009

Shrinkwrap, Clickwrap, And Other Software License Agreements: Litigating A Digital Pig In A Poke In West Virginia, David R. Collins

West Virginia Law Review

No abstract provided.


Arbitration Of Employer Violations Of The West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching And Continue Its Pursuit Of Bliss, Nicholas S. Johnson Sep 2005

Arbitration Of Employer Violations Of The West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching And Continue Its Pursuit Of Bliss, Nicholas S. Johnson

West Virginia Law Review

No abstract provided.


A Realistic Proposal For The Contract Duress Doctrine, Grace M. Giesel Jan 2005

A Realistic Proposal For The Contract Duress Doctrine, Grace M. Giesel

West Virginia Law Review

No abstract provided.


Making A Statement Without Saying A Word: What Implied Covenants Say When The Lease Is Silent On Post-Production Costs, R. Cordell Pierce Sep 2004

Making A Statement Without Saying A Word: What Implied Covenants Say When The Lease Is Silent On Post-Production Costs, R. Cordell Pierce

West Virginia Law Review

No abstract provided.


The Arbitrability Of Side And Settlement Agreements In The Collective Bargaining Context, Richard A. Bales Apr 2003

The Arbitrability Of Side And Settlement Agreements In The Collective Bargaining Context, Richard A. Bales

West Virginia Law Review

No abstract provided.


Contract Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Contract Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Wired, Wonderful West Virginia - Electronic Signatures In The Mountain State, Robin C. Capehart, Mark A. Starcher Jan 2002

Wired, Wonderful West Virginia - Electronic Signatures In The Mountain State, Robin C. Capehart, Mark A. Starcher

West Virginia Law Review

No abstract provided.


Post Claim Underwriting, Thomas C. Cady, Georgia Lee Gates Jun 2000

Post Claim Underwriting, Thomas C. Cady, Georgia Lee Gates

West Virginia Law Review

No abstract provided.


Contract Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Contract Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Nelson V. Logan Motor Sales, Inc.: Providing Damages For Breach Of The Implied Warranty Of Merchantability, Chad A. Cicconi Jan 1990

Nelson V. Logan Motor Sales, Inc.: Providing Damages For Breach Of The Implied Warranty Of Merchantability, Chad A. Cicconi

West Virginia Law Review

No abstract provided.


Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell Jan 1990

Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell

West Virginia Law Review

No abstract provided.


Prudence Of Electric Utilities' Coal Contracts And Fuel Procurement Practices: The Impact On Coal Contract Negotiations, Amy R. Templeton Apr 1987

Prudence Of Electric Utilities' Coal Contracts And Fuel Procurement Practices: The Impact On Coal Contract Negotiations, Amy R. Templeton

West Virginia Law Review

No abstract provided.


Relief From Long-Term Coal Sales Contracts Through Commercial Impracticability, M. Rosalee Juba Apr 1985

Relief From Long-Term Coal Sales Contracts Through Commercial Impracticability, M. Rosalee Juba

West Virginia Law Review

No abstract provided.


Drafting A Contract Mining Agreement--The Owner's Perspective, Charles Q. Gage Apr 1984

Drafting A Contract Mining Agreement--The Owner's Perspective, Charles Q. Gage

West Virginia Law Review

No abstract provided.


Contract Mining Agreements--The Contract Miner's Perspective, Henry Mcc. Ingram, John H. Lawrence Jr. Apr 1984

Contract Mining Agreements--The Contract Miner's Perspective, Henry Mcc. Ingram, John H. Lawrence Jr.

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1979 Apr 1980

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.