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Contracts As Commodities: The Influence Of Secondary Purchasers On The Form Of Contracts, Henry T. Greely
Contracts As Commodities: The Influence Of Secondary Purchasers On The Form Of Contracts, Henry T. Greely
Vanderbilt Law Review
In 1970 Professor Arthur Leff brought a new vision to a half century of debate about standard form contracts' by pointing out that consumer contracts should be seen not primarily as "contracts," but as"things," intangible products, sold to the consumer. As "things," Leff argued, form contracts should be subject to the same kinds of warranty laws as tangible goods. The debate about form contracts in consumer transactions continues, but, as Leff predicted, the debate largely has ignored his insight concerning the nature of the pieces of paper involved.
"Bad Faith Breach": A New And Growing Concern For Financial Institutions, Susan D. Gresham
"Bad Faith Breach": A New And Growing Concern For Financial Institutions, Susan D. Gresham
Vanderbilt Law Review
A majority of courts have determined that all contracts impose on the parties to the contract an implied covenant of good faith and fair dealing in their actions with each other. This implied covenant prohibits a contracting party from injuring another party's right to receive the benefits of the agreement. Breach of this implied covenant usually creates a cause of action based on contract rights. Moreover, California courts maintain that breach of the implied covenant of good faith and fair dealing creates a tort action as well. The California courts initially limited these tort actions to claims against insurance companies. …
Written Agreements In The Lender-Borrower Context: The Illusion Of Certainty, Robert D. Rowe
Written Agreements In The Lender-Borrower Context: The Illusion Of Certainty, Robert D. Rowe
Vanderbilt Law Review
Recent legal battles in the lender-borrower arena have received widespread attention. The fact that these battles occur merits little surprise because borrowers often seek recourse against lenders when financial commitments go awry. Moreover, recent lender-borrower cases do not introduce any new legal theories. The outcome is the noteworthy feature of these cases. Borrowers increasingly are obtaining judgments against lenders. This Note examines recent lender-borrower cases from a contractual perspective, analyzing the application of traditional contract principles in the lender-borrower context. Part II of this Note contends that courts are trying to address three concerns in the lender-borrower context: maintenance of …