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Full-Text Articles in Law
Adhesion Contracts And The Twenty First Century Consumer, Leon E. Trakman
Adhesion Contracts And The Twenty First Century Consumer, Leon E. Trakman
Leon E Trakman Dean
Ecommerce has transformed the law of contract. Consumers are increasingly subject to myriads of conditions in shrink-wrap, box-wrap, click-wrap and browse-wrap contracts. Opening software wrapping or clicking “I agree” in a dialog box on a computer subjects the user to a series of onerous conditions that restrict end use and limit the supplier’s liability. These developments are counterbalance by the growth of new market-savvy classes of consumers who are willing and able to sue brand name producers in class and other actions. Faced with these Twenty First Century developments, courts struggle to find middle ground between regulating mass transactions in …
Declaring Force Majeure: Veracity Or Sham?, Leon E. Trakman
Declaring Force Majeure: Veracity Or Sham?, Leon E. Trakman
Leon E Trakman Dean
The widespread practice by large scale producers, like Exxon Mobil and BP of declaring force majeure has created enormous legal and contractual problems. The practice is used, not only to respond to devastating disasters like Hurricane Katrina, but also to defects in pipelines amounting to little more than wear and tear The result is that customers are left waiting for goods or forced to pay higher prices until their suppliers decide to lift their declarations and resume performance. This article challenges such declarations, arguing that they often fail to comply with both the law set out in article 2-615 of …
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
Leon E Trakman Dean
“LEGAL TRADITIONS” AND INTERNATIONAL COMMERCIAL ARBITRATION The Common and Civil Law systems have guided the enactment of major codes, laws and guidelines that regulate international commercial arbitration. From the doctrine of freedom of contract to the procedural rules governing arbitration hearings, international arbitration has built its legal culture around these two traditions. Recent concerns expressed by luminaries like William Slate, President of the American Arbitration Association, challenge the pervasive influence of these traditions over international commercial arbitration. Is the American tradition of law practice too litigious to serve as a viable model for international commercial arbitration? Is arbitration unduly preoccupied …