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Full-Text Articles in Law
Nationwide Service Of Process In State Courts, David Carlebach
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
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
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
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
Law And Equity In Contract Enforcement, Emily L. Sherwin
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
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
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
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 …