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Challenging Adhesion Contracts In California: A Consumer's Guide, Sierra David Sterkin
Challenging Adhesion Contracts In California: A Consumer's Guide, Sierra David Sterkin
Golden Gate University Law Review
This Comment explores the California scheme for dealing with adhesion contracts, and proposes a change to the existing legal structure. Part I describes how California courts define adhesion contracts, examines the theories California courts have adopted to allow consumers to challenge adhesion contracts, and considers how jurisdictions outside California handle adhesion contracts. Part II focuses on when California courts will consider a contract adhesive and unenforceable. Part III compares California's system of dealing with adhesion contracts with systems established in jurisdictions outside California in order to determine whether there is truly any substantive difference. Part IV suggests changes to improve …
Seaman's Direct Buying Service, Inc. V. Standard Oil Co.: Scaling The Stonewall Tort, Alisa J. Kim
Seaman's Direct Buying Service, Inc. V. Standard Oil Co.: Scaling The Stonewall Tort, Alisa J. Kim
Golden Gate University Law Review
In Seaman's Direct Buying Service, Inc. v. Standard Oil CO., the California Supreme Court affirmed its position that an insurance carrier may risk tort liability for breach of the implied covenant of good faith and fair dealing in addition to contract damages. Moreover, Seaman's enabled the court to explore such liability in the context of an ordinary commercial contract in which "parties of roughly equal bargaining power are free to shape the contours of their agreement." The Seaman's majority deemed it unnecessary to find tort liability on the breach of the implied covenant issue. Instead the court created a more …
Wolf And Wilhelmina: Giving Entertainers A License To Breach Their Contracts, Mark Conrad
Wolf And Wilhelmina: Giving Entertainers A License To Breach Their Contracts, Mark Conrad
Golden Gate University Law Review
Parts I and II of this article will discuss the Wolf and Wilhelmina cases. Part III will describe the equitable contract remedies of specific performance and injunctions for breach of a personal services contract. Part IV will discuss a proposed new standard to permit the award of special damages that may provide a more effective remedy for future breaches of contract.
Breach Is For Suckers, Tess Wilkinson-Ryan, David A. Hoffman
Breach Is For Suckers, Tess Wilkinson-Ryan, David A. Hoffman
Vanderbilt Law Review
This Article presents results from three experiments offering evidence that parties see breach of contract as a form of exploitation that makes disappointed promisees into "Suckers." In psychology, being a sucker turns on a three-part definition: betrayal, inequity, and intention. We used web-based questionnaires to test the effect of each of the three factors separately. Our results support the hypothesis that when breach of contract cues an exploitation schema, people become angry, offended, and inclined to retaliate even when retaliation is costly. This theory offers a useful advance because it explains why victims of breach demand more than similarly situated …