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Articles 1 - 9 of 9

Full-Text Articles in Law

Nationwide Service Of Process In State Courts, David Carlebach Oct 1991

Nationwide Service Of Process In State Courts, David Carlebach

Cardozo Law Review

No abstract provided.


Toward A General Concept Of Conformity In The Performance Of Contracts, Eyal Zamir Sep 1991

Toward A General Concept Of Conformity In The Performance Of Contracts, Eyal Zamir

Louisiana Law Review

No abstract provided.


The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick Apr 1991

The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick

Duke Law Journal

No abstract provided.


Consideration And The Commercial-Gift Dichotomy, James D. Gordon, Iii Mar 1991

Consideration And The Commercial-Gift Dichotomy, James D. Gordon, Iii

Vanderbilt Law Review

The doctrine of consideration serves several functions. For example, it serves a cautionary function because it helps ensure deliberateness. Often, promises to make gifts are based on emotion, surges of gratitude, or impulses of display.' A donative promisor tends to look primarily to the promisee's interests rather than the promisor's own interests. The commercial-gift dichotomy satisfies the cautionary function better than the doctrine of consideration because it distinguishes between transactions based on self-interest, in which the promisor can be presumed to self-protect, and transactions based on altruism, in which the promisor is thinking more about the donee's interests than his …


John Calamari--A Tribute, Joseph M. Perillo Jan 1991

John Calamari--A Tribute, Joseph M. Perillo

Fordham Law Review

No abstract provided.


Law And Equity In Contract Enforcement, Emily L. Sherwin Jan 1991

Law And Equity In Contract Enforcement, Emily L. Sherwin

Maryland Law Review

No abstract provided.


Nursing Home Contracts: Is It Time For Bad Faith To Come Out Of Retirement?, Charles A. Lattanzi Jan 1991

Nursing Home Contracts: Is It Time For Bad Faith To Come Out Of Retirement?, Charles A. Lattanzi

Journal of Law and Health

For certain types of contracts, the remedy for the breach of the implied duty of good faith and fair dealing has been found to lie in tort. Until the Supreme Court's ruling in Pilot Life Ins. Co. v. Dedeaux, courts were rapidly extending the application of the tort of bad faith breach of contract into areas beyond the traditionally accepted realm of insurance contracts. Most significant for the purposes of this note was the expansion into the area of health care services, specifically health maintenance organizations. Perhaps because of the chilling effect Pilot Life has had upon this form of …


Judicial Intervention In Contractual Relationships Under The Uniform Commercial Code And Common Law, H. W. Classen Jan 1991

Judicial Intervention In Contractual Relationships Under The Uniform Commercial Code And Common Law, H. W. Classen

South Carolina Law Review

No abstract provided.


Standing In The Shadows: Honoring The Contractual Obligations Of Cohabitants For Support, Tammy L. Lewis Jan 1991

Standing In The Shadows: Honoring The Contractual Obligations Of Cohabitants For Support, Tammy L. Lewis

Seattle University Law Review

Initially, this Comment will examine traditional theories of marital support and their relation to post-cohabitant support. Next, this Comment will review express contract, implied-in-fact contract, and quasi-contract theories of support and how these different theories have been effectively applied by various state courts. A brief discussion follows concerning federal courts and the confusion surrounding the federal jurisdiction of cohabitation actions. Finally, the contract theories of relief will be contrasted against proposed legal status solutions.Ultimately, this Comment concludes that post-cohabitation support issues are best resolved through contract theories. Solutions based on legal status are extremely intrusive and impose unbargained-for terms upon …