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Articles 1 - 30 of 37
Full-Text Articles in Law
Newsletter Vol.19 No.4 1991, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.19 No.4 1991, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
Liquidated Damages And The Penalty Rule: A Reassessment, David Brizzee
Liquidated Damages And The Penalty Rule: A Reassessment, David Brizzee
BYU Law Review
No abstract provided.
Morguard Investments Limited: Reforming Federalism From The Top, Peter Finkle, Simon Coakeley
Morguard Investments Limited: Reforming Federalism From The Top, Peter Finkle, Simon Coakeley
Dalhousie Law Journal
Nations are not only unified markets, but usually they are at least that. In most discussions about national unity, adequate account is taken of the importance of the free movement of goods, capital and people. Rarely, though, does the discussion encompass the necessity of legally assuring such movement in the domestic marketplace through the practical modality of secure remedies for breaches of obligations in contracts and tort. De Savoye v. Morguard Investments Ltd is a landmark decision by the Supreme Court of Canada that considers the extent of jurisdiction that provincial courts may exercise and the associated concern with the …
Of Posin And Pigs, Of Coase And Cost, Of Profits Gained And Opportunities Lost, Stephen G. Marks
Of Posin And Pigs, Of Coase And Cost, Of Profits Gained And Opportunities Lost, Stephen G. Marks
Faculty Scholarship
In his article, "The Coase Theorem: If Pigs Could Fly," Professor Daniel Posin purports to demonstrate that the Coase Theorem fails because it incorrectly accounts for opportunity costs. This short paper will demonstrate that there is a mistake in the example Posin uses to prove his assertion. Although the mistake is a small one, it completely drives his result. In fact, after correcting the mistake, Posin's example corroborates, rather than refutes, the Coase Theorem.
Newsletter Vol.19 No.3 1991, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.19 No.3 1991, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
A Slave's Marriage: Dowry Or Deposit, Alan Watson
A Slave's Marriage: Dowry Or Deposit, Alan Watson
Scholarly Works
This articles examines the concept of dowry among marriage of slaves in ancient Rome.
Notes: Termination Of Employment Contracts And Taking Advantage Of One's Wrong, Andrew B.L. Phang
Notes: Termination Of Employment Contracts And Taking Advantage Of One's Wrong, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
The recent decision by Mr John Mowbray QC in Micklefield v SAC Technology Ltd brings into focus the thorny problems inherent within, first, the continuing uncertainty surrounding termination of employment contracts and, secondly, the much more general issue as to the status as well as application of the proposition that a contracting party ought not to be allowed to take advantage of his own wrong. There was a third issue taken in the case with regard to the applicability of the Unfair Contract Terms Act 1977 which will be briefly commented upon.
Hypothetical Bargains: The Normative Structure Of Contract Interpretation, David Charny
Hypothetical Bargains: The Normative Structure Of Contract Interpretation, David Charny
Michigan Law Review
The argument here amplifies the contract literature with respect to basic contract theory and its doctrinal applications. The argument extends and corrects the current understanding of contract theory in several respects. First, it clarifies the role of liberal and communitarian argument in constructing interpretive conventions for contract. As currently understood among lawyers, the predominant noninstrumental theories of contract are in large measure indeterminate as to the question of default rules. Nonetheless, as I shall explain, these theories do have limited implications for the ground rules that govern interpretive conventions. The argument here, then, clarifies the role of noninstrumental theory in …
Newsletter Vol.19 No.2 1991, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.19 No.2 1991, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
Opportunism And Trust In The Negotiation Of Commercial Contracts: Toward A New Cause Of Action, G. Richard Shell
Opportunism And Trust In The Negotiation Of Commercial Contracts: Toward A New Cause Of Action, G. Richard Shell
Vanderbilt Law Review
In a complex economy, many business transactions take place sequentially-one party performs in part or in full before the other side executes its side of the bargain. Sequencing has many advantages, but it creates an unfortunate incentive. Having received its benefit from the bargain, the party who is to perform last may be tempted to renege on its obligations. Law and economics scholars often describe the conduct of a reneging party in these situations as "opportunistic." The reneging party, perceiving an opportunity to increase its gain, yields to temptation and refuses to perform. The law of contract helps to diminish …
Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen
Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen
Faculty Scholarship
No abstract provided.
United States Government Contract: The Unilateral Act Of Government Contracting, Sawvalak Chulpongstorn
United States Government Contract: The Unilateral Act Of Government Contracting, Sawvalak Chulpongstorn
LLM Theses and Essays
The debarment, suspension, and termination of the Government contract can cause a sudden financial ruin or bankruptcy of the contractor. Consequently, the question of whether the Government’s debarment, suspension, and termination is proper can be of vital importance. This thesis, in consequence, will focus on two major problem areas of the unilateral act of the government in contracting with the contractor. The first problem area is whether the debarment and suspension meet the requirement of due process of law. The second problem area is whether or not the government’s right to terminate the contract is proper or legal in specific …
Law And Equity In Contract Enforcement, Emily Sherwin
Law And Equity In Contract Enforcement, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Newsletter Vol.19 No.1 1991, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.19 No.1 1991, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
Default Rules For Contract Formation By Promise And The Need For Revision Of The Mailbox Rule, Beth A. Eisler
Default Rules For Contract Formation By Promise And The Need For Revision Of The Mailbox Rule, Beth A. Eisler
Kentucky Law Journal
No abstract provided.
Intereses Sobre Capital Ajustado: ¿Arbitrariedad Judicial?, Martin Paolantonio
Intereses Sobre Capital Ajustado: ¿Arbitrariedad Judicial?, Martin Paolantonio
Martin Paolantonio
Aproximación crítica a la determinación de una tasa de interés judicial uniforme sobre la deuda indexada
Inviable Retorno Al Nominalismo, Martin Paolantonio
Inviable Retorno Al Nominalismo, Martin Paolantonio
Martin Paolantonio
Análisis de la ley 23928 de convertibilidad y su prohibición de ajustar o indexar deudas, desde una perspectiva contractual y constitucional
La Representación Cambiaria En Las Asociaciones Civiles, Martin Paolantonio, Eduardo Moccero
La Representación Cambiaria En Las Asociaciones Civiles, Martin Paolantonio, Eduardo Moccero
Martin Paolantonio
Nota a fallo que denegó la aplicación analógica de disposiciones de la ley de sociedades comerciales en materia de representación a asociaciones civiles
Las Letras De Consumo Y Su Problemática Jurídica, Martin Paolantonio, Salvador Bergel
Las Letras De Consumo Y Su Problemática Jurídica, Martin Paolantonio, Salvador Bergel
Martin Paolantonio
Análisis sobre los diferentes problemas que plantea el uso de títulos valores cambiarios en contratos con consumidores, y alternativas de tratamiento normativo
La Naturaleza Jurídica De Los Intereses : Punto De Conexión Entre Derecho Y Economía, Gastón Fernández Cruz
La Naturaleza Jurídica De Los Intereses : Punto De Conexión Entre Derecho Y Economía, Gastón Fernández Cruz
Gastón Fernández Cruz
No abstract provided.
Computer Software: Should The U.N. Convention On Contracts For The International Sale Of Goods Apply? A Contextual Approach To The Question, 11 Computer L.J. 197 (1991), L. Scott Primak
UIC John Marshall Journal of Information Technology & Privacy Law
This Article is organized along the following lines. Part I is a general discussion of the Convention. It includes a factual background, a discussion of principle provisions of the Convention, a description of the temporal and geographical spheres of application of the Convention. Part one also suggests the use of available tools for uniform application; and brings the topic of dissemination of interpretation of the Convention up to date. Although article 7 of the Convention generally states an approach to interpretation, further elucidation is necessary to ensure uniformity of application. Accordingly, Part II discusses the various approaches to treaty interpretation …
Privity, Products Liability, And Ucc Warranties: A Retrospect Of And Prospects For Illinois Commercial Code 2-318, 25 J. Marshall L. Rev. 177 (1991), Steven Bonanno
UIC Law Review
No abstract provided.
Law And Equity In Contract Enforcement, Emily L. Sherwin
Law And Equity In Contract Enforcement, Emily L. Sherwin
Maryland Law Review
No abstract provided.
Baldwin V. Sisters Of Providence: Washington Gives At Will Employees A Gun With No Ammunition To Fight Against Unjust Dismissal, Michael T. Zoretic
Baldwin V. Sisters Of Providence: Washington Gives At Will Employees A Gun With No Ammunition To Fight Against Unjust Dismissal, Michael T. Zoretic
Seattle University Law Review
This Comment will explore the status of the employment at will doctrine and unjust dismissal actions following the supreme court's decision in Baldwin. First, Section I will explain the historical background of the employment at will doctrine and its steady erosion in the modern era. Next, Section II will provide an overview of the Baldwin case itself, including facts, procedural history, and general holdings. Sections III through V will explore the three major issues decided by the court in Baldwin: allocating burdens of proof in wrongful discharge suits; implied covenants of good faith and fair dealing in employment …
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 …
Renegotiating Transnational Investment Agreements: Lessons For Develping Countries From The Ghana-Valco Experience, Paul Kuruk
Michigan Journal of International Law
This article describes the use of the renegotiation process to resolve problems that arise in the relations between participants in transnational investment. It draws conclusions from the successful renegotiation of an agreement executed in 1962 under which the Ghanaian government guaranteed bauxite and hydroelectric power supplies to support the smelting operations of the Volta Aluminium Company, Limited (Valco) in return for revenues from taxes and from payments for electricity, water, and use of the country's port facilities. The agreement between Ghana and Valco was entered into as part of the Volta River Project (VRP). This project was an investment scheme …
Selected Poems On The Law Of Contracts, Douglass Boshkoff
Selected Poems On The Law Of Contracts, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Commentary On Pitfalls Of Force Majeure Clauses, Howard Hunter
Commentary On Pitfalls Of Force Majeure Clauses, Howard Hunter
Research Collection Yong Pung How School Of Law
Professor Yates has covered in considerable detail the major problem areas in the use of force majeure clauses. His work is admirable in its technical details as well as in its use for the practitioner. I wish to add but a few brief comments about 2 chronic difficulties with the enforcement of force majeure clauses. To some extent these difficulties are common to all cases that involve excuse by way of frustration, impossibility, or commercial impracticability. The first has to do with foreseeability and the second has to do with post-excuse remedies. It has become a truism that a force …
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 …
A Better Approach To Arbitrability, Jeffrey W. Stempel
A Better Approach To Arbitrability, Jeffrey W. Stempel
Scholarly Works
Historically, Anglo-American courts refused to enforce arbitration agreements, jealously guarding their dispute resolution monopoly. During the early twentieth century, merchants and attorneys began seeking legislation requiring courts to defer to arbitration. The United States Abitration Act took effect January 1, 1926 and has remained essentially unchanged. It was written with the implicit assumption that it would be invoked by commercial actors having relatively equal bargaining power and emotive appeal to a jury. The Act says nothing to direct the court's inquiry concerning the quality of either party's assent to the arbitration clause other than requiring a written arbitration agreement and …