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Series

2014

Contracts

Institution
Keyword
Publication

Articles 1 - 30 of 104

Full-Text Articles in Law

Homeland Self Storage Management Llc Order Appointing James F. Hart As Special Master For Financial Discovery, John J. Goger Dec 2014

Homeland Self Storage Management Llc Order Appointing James F. Hart As Special Master For Financial Discovery, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Summary Of First Financial Bank, N.A. V. Lane, 130 Nev. Adv. Op. 96, Patrick Phippen Dec 2014

Summary Of First Financial Bank, N.A. V. Lane, 130 Nev. Adv. Op. 96, Patrick Phippen

Nevada Supreme Court Summaries

The Court determined that (1) the limitation in the second sentence of NRS 40.451 simply means a lender cannot recover in deficiency judgment actions for future advances secured but not paid at the time of default and (2) NRS 40.451 by itself does not contemplate successors in interest.


Homeland Self Storage Management Llc Order Deferring Defendants' Motion For Protective Order And Appointment Of Special Master For Financial Discovery, John J. Goger Dec 2014

Homeland Self Storage Management Llc Order Deferring Defendants' Motion For Protective Order And Appointment Of Special Master For Financial Discovery, John J. Goger

Georgia Business Court Opinions

No abstract provided.


In Re Ebix Inc. Shareholder Derivative Litigation Stipulation And Order Of Dismissal With Prejudice, John J. Goger Dec 2014

In Re Ebix Inc. Shareholder Derivative Litigation Stipulation And Order Of Dismissal With Prejudice, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Strike Complaint, Elizabeth E. Long Dec 2014

Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Strike Complaint, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


R1 International Pte Ltd V Lonstroff Ag [2014] Sgca 56: Lessons In Contractual Formation, Yihan Goh Dec 2014

R1 International Pte Ltd V Lonstroff Ag [2014] Sgca 56: Lessons In Contractual Formation, Yihan Goh

Research Collection School Of Law

The rules relating to contractual formation are easy to state but difficult to apply in the varied circumstances of practice. It is therefore helpful that the recent Court of Appeal decision of R1 International Pte Ltd v Lonstroff AG [2014] SGCA 56 (“R1 International”) provides much guidance in this area of the law.

R1 International concerned whether a set of terms to arbitrate in Singapore, found in a detailed contract note sent by the appellant to the respondent shortly after their deal (“the deal”) was concluded, was incorporated as part of the contract between the parties. The answer to this ...


Contract Law Update 2014, Yihan Goh Dec 2014

Contract Law Update 2014, Yihan Goh

Research Collection School Of Law

With the end of 2014 almost upon us, it is apposite to take stock of the more important developments in Singapore contract law in the year. This entry examines four cases that straddle important developments across various fields in contract law, namely, formation, terms, breach and illegality. In each case, it can be seen that the Singapore courts are anxious to consolidate existing law, and to chart new courses where relevant and appropriate.


Was Singapore Airlines Liable For Business-Class Seats Sold At Economy Rates?, Yihan Goh Dec 2014

Was Singapore Airlines Liable For Business-Class Seats Sold At Economy Rates?, Yihan Goh

Research Collection School Of Law

Much has been reported about Singapore Airlines (“SIA”) mistakenly charging economy rates for around 900 business-class seats due to a computer input error. Yesterday, SIA said that it would honour those tickets at economy rates, reversing its previous position that it would not, and closing the episode on a note of goodwill. This blog entry explores the legal analysis behind the episode on the assumption that Singapore contract law applies, so as to maintain its general relevance to a Singaporean audience and its specific application to online retailers concerned about making similar pricing errors. Of course, the analysis would differ ...


Homeland Self Storage Management, Llc Order On Defendants' Motion To Stay, John J. Goger Nov 2014

Homeland Self Storage Management, Llc Order On Defendants' Motion To Stay, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Michael D. Sullivan Order On Motions In Limine And Motion To Quash Notice To Produce, Elizabeth E. Long Nov 2014

Michael D. Sullivan Order On Motions In Limine And Motion To Quash Notice To Produce, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


La Famiglia Trust Order On Defendants' Motion To Dismiss, John J. Goger Nov 2014

La Famiglia Trust Order On Defendants' Motion To Dismiss, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Viken Securities Limited Et Al. Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland Nov 2014

Viken Securities Limited Et Al. Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu Nov 2014

"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu

Working Papers

Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box ...


Southern Telecom Order On Motions For Sanctions, Melvin K. Westmoreland Oct 2014

Southern Telecom Order On Motions For Sanctions, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Frank Frohman, Derivatively On Behalf Of Aaron's Inc., Order And Final Judgment, John J. Goger Oct 2014

Frank Frohman, Derivatively On Behalf Of Aaron's Inc., Order And Final Judgment, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Precedent In Contract Cases And The Importance(?) Of The Whole Story, Robert A. Hillman Oct 2014

Precedent In Contract Cases And The Importance(?) Of The Whole Story, Robert A. Hillman

Cornell Law Faculty Working Papers

I am honored to contribute to this symposium in honor of Bill Whitford. I have been an admirer of Bill's work for the past 39 years, which encompasses my entire teaching career. Bill's scholarship on contracts and consumer law in his law review articles and in his casebook, Contracts: Law in Action, now in its third edition with Macaulay, Braucher, and Kidwell, confirms the importance of examining the non-legal forces at work in exchange transactions, the sometimes tenuous relationship between contract rules and legal decisions, the limitations of legal opinions, and the value of focusing on the relationship ...


Summary Of Mason Mcduffie Real Estate V. Villa Fiore Development, 103 Nev. Adv. Op. 83, Jessica Gandy Oct 2014

Summary Of Mason Mcduffie Real Estate V. Villa Fiore Development, 103 Nev. Adv. Op. 83, Jessica Gandy

Nevada Supreme Court Summaries

The Court determined that a commercial tenant may not be constructively evicted without “first providing the landlord notice of and a reasonable opportunity to cure the defect”, even when the defect persist after repeated failed attempts to cure by the landlord.


Copyright, Fair Use, And Author Rights, Sue Ann Gardner Oct 2014

Copyright, Fair Use, And Author Rights, Sue Ann Gardner

Library Conference Presentations and Speeches

From the promotional flyer for this talk:

Copyright is a battlefield, and an author's control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish.

In this session, you will learn more about U.S. Copyright Law, authors' rights, fair use, and protecting your intellectual property. You will learn how to ...


Drafting Chapter 2 Of The Ali's Employment Law Restatement In The Shadow Of Contract Law: An Assessment Of The Challenges And Results, Robert A. Hillman Sep 2014

Drafting Chapter 2 Of The Ali's Employment Law Restatement In The Shadow Of Contract Law: An Assessment Of The Challenges And Results, Robert A. Hillman

Cornell Law Faculty Working Papers

The American Law Institute (ALI) has just completed the Restatement of the Law Third, Employment Law. Chapter 2 is entitled "Employment Contracts: Termination." As the name suggests, the Chapter focuses on the law's difficult challenge of applying contract law to distinguish lawful terminations of employees from wrongful ones. The question is especially problematic because, on the one hand, employment law's long-existing default rule allows employers to terminate employees "at will" and without cause. Advocates of the at-will doctrine present several policies to support it, including freedom of contract and efficiency. On the other hand, employers seek to attract ...


Viken Securities Limited Et Al Order On Motion To Compel, Melvin K. Westmoreland Sep 2014

Viken Securities Limited Et Al Order On Motion To Compel, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Davis Lee Companies, Llc Final Judgment And Order On Motion To Hold Defendant Steven N. Aninye In Contempt, Alice D. Bonner Sep 2014

Davis Lee Companies, Llc Final Judgment And Order On Motion To Hold Defendant Steven N. Aninye In Contempt, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Global Aerospace, Inc. Order On Defendants' Emergency Second Motion For Orders Compelling Discovery, Elizabeth E. Long Sep 2014

Global Aerospace, Inc. Order On Defendants' Emergency Second Motion For Orders Compelling Discovery, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


City Of Atlanta Order On Plaintiff's Motion For Partial Summary Judgment, Alice D. Bonner Sep 2014

City Of Atlanta Order On Plaintiff's Motion For Partial Summary Judgment, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Dismiss, Elizabeth E. Long Aug 2014

Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Dismiss, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Global Aerospace Inc. Second Order On Defendants' Amended Motion For Order Compelling Discovery, Elizabeth E. Long Aug 2014

Global Aerospace Inc. Second Order On Defendants' Amended Motion For Order Compelling Discovery, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58, Ryan Becklean Aug 2014

Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58, Ryan Becklean

Nevada Supreme Court Summaries

The Court determined one issue: (1) the legal effect of a loan assignment from a homeowner’s original lender to a subsequent purchaser when that assignment violates the terms of the original lender and subsequent purchaser’s Pooling and Servicing Agreement (PSA). More specifically, the court decided whether a loan assignment that is executed after the closing date renders the assignment void and ineffective to transfer ownership of the homeowner’s loan.


Homeland Self Storage Management, Llc Order Denying Defendants' Motion To Stay, John J. Goger Aug 2014

Homeland Self Storage Management, Llc Order Denying Defendants' Motion To Stay, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Public Good Economics And Standard Essential Patents, Christopher S. Yoo Aug 2014

Public Good Economics And Standard Essential Patents, Christopher S. Yoo

Faculty Scholarship at Penn Law

Standard essential patents have emerged as a major focus in both the public policy and academic arenas. The primary concern is that once a patented technology has been incorporated into a standard, the standard can effectively insulate it from competition from substitute technologies. To guard against the appropriation of quasi-rents that are the product of the standard setting process rather than the innovation itself, standard setting organizations (SSOs) require patentholders to disclose their relevant intellectual property before the standard has been adopted and to commit to license those rights on terms that are fair, reasonable, and non-discriminatory (FRAND).

To date ...


Michael D. Sullivan Order On Defendants' Motion For Summary Judgment, Elizabeth E. Long Jul 2014

Michael D. Sullivan Order On Defendants' Motion For Summary Judgment, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Global Aerospace, Inc. Order On Defendant's Motion To Compel Discovery, Elizabeth E. Long Jul 2014

Global Aerospace, Inc. Order On Defendant's Motion To Compel Discovery, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.