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Articles 1 - 28 of 28
Full-Text Articles in Law
Binding Contracts In Georgia Local Government Law: Configurations Of Codification, R. Perry Sentell Jr.
Binding Contracts In Georgia Local Government Law: Configurations Of Codification, R. Perry Sentell Jr.
Scholarly Works
The potential for creating uncertainty looms as a primary and ever-present problem in the codification process. A dominant concern is the fear the unintended statutory changes--or, worse still, the quandary of whether what appears to be such a change was truly intended--may result. The perplexing issues emanating from that quandary can considerably dissipate the benefits of progressive statutory codification. For purely illustrative purposes, attention might be called to the present plight of an historic precept in Georgia local government law. That precept unflinchingly condemns a local governing authority's efforts to commit its successors to a given course of governmental action. …
Vices And Consent, Error, Fraud, Duress And An Epilogue On Lesion, Saul Litvinoff
Vices And Consent, Error, Fraud, Duress And An Epilogue On Lesion, Saul Litvinoff
Louisiana Law Review
No abstract provided.
Standard Construction Contracts: Some Advice To Construction Lawyers, Justin Sweet
Standard Construction Contracts: Some Advice To Construction Lawyers, Justin Sweet
South Carolina Law Review
No abstract provided.
Risk Allocation Through Indemnity Obligations In Construction Contracts, Robert L. Myers Iii, Debra A. Perelman
Risk Allocation Through Indemnity Obligations In Construction Contracts, Robert L. Myers Iii, Debra A. Perelman
South Carolina Law Review
No abstract provided.
The Illinois Mortgage Foreclosure Act And Installment Contracts: Filling In The Gaps, Robert Kratovil
The Illinois Mortgage Foreclosure Act And Installment Contracts: Filling In The Gaps, Robert Kratovil
Northern Illinois University Law Review
This Commentary examines the new Illinois Mortgage Foreclosure Act as it relates to installment contracts. The Commentary is intended as a practical guide to complying with paragraph 15-1106 of the Act by filling in the gaps between current real estate contract forms and what is required by the statute.
Forum Selection Clauses Designating Foreign Courts: Does Federal Or State Law Govern Enforceability In Diversity Cases—A Question Left Open By Stewart Organization, Inc. V. Ricoh Corp., Matthew W. Lampe
Cornell International Law Journal
No abstract provided.
Nexus Of Contracts Corporation: A Critical Appraisal , William W. Bratton Jr.
Nexus Of Contracts Corporation: A Critical Appraisal , William W. Bratton Jr.
Cornell Law Review
No abstract provided.
Take-Or-Pay Payments And Settlements - Does The Landowner Share?, Angela Jeanne Crowder
Take-Or-Pay Payments And Settlements - Does The Landowner Share?, Angela Jeanne Crowder
Louisiana Law Review
No abstract provided.
Efficient Remedies For Breach Of Warranty, Kenneth Chapman, Michael J. Meurer
Efficient Remedies For Breach Of Warranty, Kenneth Chapman, Michael J. Meurer
Law and Contemporary Problems
No abstract provided.
Ucc Section 2-719: Limited Remedies And Consequential Damage Exclusions , Kathryn I. Murtagh
Ucc Section 2-719: Limited Remedies And Consequential Damage Exclusions , Kathryn I. Murtagh
Cornell Law Review
No abstract provided.
Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson
Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
Contract Modification: An Economic Analysis Of The Hold-Up Game, Daniel A. Graham, Ellen R. Peirce
Contract Modification: An Economic Analysis Of The Hold-Up Game, Daniel A. Graham, Ellen R. Peirce
Law and Contemporary Problems
No abstract provided.
Reliance And Contract Breach, Jim Leitzel
Reliance And Contract Breach, Jim Leitzel
Law and Contemporary Problems
No abstract provided.
Contractual And Donative Capacity, Alexander M. Meiklejohn
Contractual And Donative Capacity, Alexander M. Meiklejohn
Case Western Reserve Law Review
No abstract provided.
Diversifying Physician Risk Through Contract, Thomas Palay
Diversifying Physician Risk Through Contract, Thomas Palay
Law and Contemporary Problems
No abstract provided.
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Touro Law Review
No abstract provided.
Quantum Meruit And Building Contracts: Part I The Quantum Meruit Concept, Howard Hunter, J. W. Carter
Quantum Meruit And Building Contracts: Part I The Quantum Meruit Concept, Howard Hunter, J. W. Carter
Research Collection Yong Pung How School Of Law
The aim of this article is to discuss the restitutionary principles applicable to quantum meruit claims in building contracts. In the first part we consider the concept itself and identify the contexts in which such a claim is pursued. In the second part of the article, to be published in the next issue of the JCL, attention is directed, principally, to one issue, namely whether the contract price constitutes a ceiling on the amount recoverable under a quantum meruit claim following breach by the defendant.
Quantum Meruit And Building Contracts: Part Ii Does The Contract Price Put A Ceiling On A Recovery Via A Quantum Meruit?, Howard Hunter, J. W. Carter
Quantum Meruit And Building Contracts: Part Ii Does The Contract Price Put A Ceiling On A Recovery Via A Quantum Meruit?, Howard Hunter, J. W. Carter
Research Collection Yong Pung How School Of Law
The question posed by the title of this part of the article has been the subject of a substantial amount of commentary by American legal scholars and has been a central issue in a number of cases, almost all of them involving building contracts. The problem is easy to state: P and D have an agreement for P to construct a building for a total consideration of $X. When P is partially finished, D breaches. If the contract price and the value of the work to date roughly coincide, there is usually little problem in determining P's recovery. The standard …
Default, Foreclosure, And Strategic Renegotiation, Charles Kahn, Gur Hueberman
Default, Foreclosure, And Strategic Renegotiation, Charles Kahn, Gur Hueberman
Law and Contemporary Problems
No abstract provided.
The "Nexus Of Contracts" Corporation: A Critical Appraisal, William W. Bratton
The "Nexus Of Contracts" Corporation: A Critical Appraisal, William W. Bratton
All Faculty Scholarship
No abstract provided.
The Economics Of Contract Law, Michael J. Meurer
The Economics Of Contract Law, Michael J. Meurer
Law and Contemporary Problems
No abstract provided.
The Design And Duration Of Contracts: Strategic And Efficiency Considerations, Scott E. Masten, Edward A. Snyder
The Design And Duration Of Contracts: Strategic And Efficiency Considerations, Scott E. Masten, Edward A. Snyder
Law and Contemporary Problems
No abstract provided.
Renegotiation And Specific Performance, Tracy R. Lewis, Martin K. Perry, David E.M. Sappington
Renegotiation And Specific Performance, Tracy R. Lewis, Martin K. Perry, David E.M. Sappington
Law and Contemporary Problems
No abstract provided.
Contracts: Rodgers V. Tecumseh Bank: Re-Evaluating The Christian Principle Of Tort Liability For Breach Of Good Faith, Carolyn S. Smith
Contracts: Rodgers V. Tecumseh Bank: Re-Evaluating The Christian Principle Of Tort Liability For Breach Of Good Faith, Carolyn S. Smith
Oklahoma Law Review
No abstract provided.
Torts: Boyle V. United Technologies Corp.: The United States Supreme Court Accepts The Government Contractor Defense, Brian Shipp
Torts: Boyle V. United Technologies Corp.: The United States Supreme Court Accepts The Government Contractor Defense, Brian Shipp
Oklahoma Law Review
No abstract provided.
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 …
The Athletic Scholarship And The College National Letter Of Intent: A Contract By Any Other Name, Michael Cozzillio
The Athletic Scholarship And The College National Letter Of Intent: A Contract By Any Other Name, Michael Cozzillio
Michael J. Cozzillio
No abstract provided.
Of "Procedural Arbitrability": The Effect Of Noncompliance With Contract Claims Procedures, Thomas J. Stipanowich
Of "Procedural Arbitrability": The Effect Of Noncompliance With Contract Claims Procedures, Thomas J. Stipanowich
Thomas J. Stipanowich
This article is part of a symposium entitled “Construction Contract Issues.” In it, Professor Stipanowich surveys contemporary judicial attitudes regarding the effect of noncompliance with procedures for handling construction claims and controversies. It also analyzes the policies advanced in support of deferring questions of "procedural arbitrability" to arbitration and proposes a straightforward rationale for judicial disposition of such issues. Although the discussion emphasizes scenarios involving construction contracts, the principles addressed in this article are applicable to commercial arbitration agreements generally and may be extended by analogy to the labor sphere.