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Contracts

Contracts

Selected Works

Articles 151 - 163 of 163

Full-Text Articles in Law

Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds Oct 2009

Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds

William L. Reynolds

No abstract provided.

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Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds Oct 2009

Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds

Juliet M. Moringiello

No abstract provided.

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Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds Oct 2009

Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds

William L. Reynolds

No abstract provided.

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Revisiting The Battle Of The Forms: A Case Study Approach To Legal Strategy Development, Mary J. Shariff, Kevin Marechal De Charteret Dec 2008

Revisiting The Battle Of The Forms: A Case Study Approach To Legal Strategy Development, Mary J. Shariff, Kevin Marechal De Charteret

Mary J. Shariff

The area of contract law described as the battle of the forms is a perfect example of an area of law where the legal rules and their application are complex, contradictory, and/or inconsistently applied. Indeed, the battle of the forms problem has been recognized as among the most “difficult problems for contract doctrine to resolve” and in some jurisdictions, has been described as “chaos” thus increasing opportunities for the strategic manipulation of the law. The classic battle of the forms typically arises when a buyer and seller exchange conflicting standard forms and commence performance of the contract. The parties appear …

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Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2007-2008, Juliet M. Moringiello, William L. Reynolds Dec 2007

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2007-2008, Juliet M. Moringiello, William L. Reynolds

Juliet M. Moringiello

In this survey, we discuss electronic contracting cases decided between July 1, 2007 and June 30, 2008. In addition to cases adding to the literature on the enforceability of online contracts, this survey includes cases discussing modification of online contracts, incorporation by reference, and unconscionability. We conclude that our common law is developing nicely to address the issues presented by internet contracting.

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Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds Dec 2006

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds

Juliet M. Moringiello

In this annual survey, we discuss the electronic contracting cases decided between July 1, 2006 and June 30, 2007. In the article, we discuss issues involving contract formation, procedural unconscionability, the scope of UETA and E-SIGN, and contracts formed by automated agents. We conclude that whatever doctrinal doubt judges and scholars may once have had about applying standard contract law to electronic transactions, those doubts have now been largely resolved, and that the decisions involving electronic contracts are following the general law of contracts pretty closely.

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Remedies For Breach Of An Obligation: A Look At The Remedies' Section Of The New Israeli Civil Code, Dr. Yehuda Adar, Prof. Gabriela Shalev Dec 2005

Remedies For Breach Of An Obligation: A Look At The Remedies' Section Of The New Israeli Civil Code, Dr. Yehuda Adar, Prof. Gabriela Shalev

Yehuda Adar Dr.

-This article is in Hebrew-

The remedies section in the new Israeli draft civil code is an endeavor to create a unified law of remedies, applicable to all branches of civil and commercial law, including torts and breach of contract. This article explores the main innovations included in the remedies section. It opens with a short overview of the status of the law of remedies in modern times, and the debate over the justification for unifying it. Then, in the remainder of the article, the authors examine the various changes, in terms of both structure and substance, reflected in the …

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Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Ii Dec 2005

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Ii

Juliet M. Moringiello

This article analyzes the judicial decisions involving Internet and other electronic contracts during the period from July 1, 2005 to June 30, 2006. The authors explain that this year's cases show a maturation of the common law of electronic contracts in that the judges are beginning to recognize the realities of electronic communications and to apply traditional contract principles to those communications unless the realities of the technology justifies a different result.

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Survey Of The Law Of Cyberspace: Internet Contracting Cases 2004-2005, William L. Reynolds, Juliet M. Moringiello Dec 2004

Survey Of The Law Of Cyberspace: Internet Contracting Cases 2004-2005, William L. Reynolds, Juliet M. Moringiello

Juliet M. Moringiello

This article reviews recent developments in the United States and the European Union involving Internet transactions. It describes those developments and analyzes both from a normative and practical perspective.

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Signals, Assent And Internet Contracting, Juliet M. Moringiello Dec 2004

Signals, Assent And Internet Contracting, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

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Elementos Do Contrato De Arrendamento Mercantil (Leasing) E A Propriedade Do Arrendatário, Ivo T. Gico Dec 1998

Elementos Do Contrato De Arrendamento Mercantil (Leasing) E A Propriedade Do Arrendatário, Ivo T. Gico

Ivo Teixeira Gico Jr.

O artigo traça os pontos relevantes acerca do contrato de arrendamento mercantil conhecido como leasing. The article outlines the important points about the leasing.

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The Option Contract: Irrevocable Not Irrejectable, Michael J. Cozzillio Dec 1989

The Option Contract: Irrevocable Not Irrejectable, Michael J. Cozzillio

Michael J. Cozzillio

This Article briefly examines the traditional contract principles governing offer and acceptance, particularly the various means to terminate an offer. It also explores the special circumstances governing option contracts and similar mechanisms utilized to transform a revocable offer into an irrevocable one. Further, this Article reviews Restatement (Second) Section 37 and case law that addresses the question of whether a rejection should terminate an irrevocable offer. It explains why the view articulated by section 37 and its decisional predicates are untenable. Finally, this Article presents an alternative to section 37 that reflects logical compliance with established contract formation principles, while …

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The Athletic Scholarship And The College National Letter Of Intent: A Contract By Any Other Name, Michael Cozzillio Dec 1988

The Athletic Scholarship And The College National Letter Of Intent: A Contract By Any Other Name, Michael Cozzillio

Michael J. Cozzillio

No abstract provided.

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