Contracts Commons^™

Bad Foundation: Washington's Lack Of Homeowner Rights, Brendan Williams

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Development And Distrust: A Critique Of The Orthodox Path To Economic Prosperity, W. Tyler Perry

Northwestern University Law Review

The dominant strain of law and development theory holds that strong property rights are a necessary condition for economic growth. Nonetheless, China has experienced thirty years of frenetic growth absent strong property rights. This Note explores this phenomenon through an analysis of a unique corporate form that has come to underlie most of the publicly traded Chinese Internet sector—the Variable Interest Entity (VIE). The VIE is, at its core, a series of contracts designed to mimic “true” ownership. As such, the VIE problematizes law and development theory in two primary ways. First, the contract-based ownership system does not provide the …

Keepings, Donald J. Kochan

Donald J. Kochan

The Property Platform In Anglo-American Law And The Primacy Of The Property Concept, Donald J. Kochan

Donald J. Kochan

This Article proposes that the property concept, when reduced to its basic principles, is a foundational element and a useful lens for evaluating and understanding the whole of Anglo-American private law even though the discrete disciplines—property, tort, and contract—have their own separate and distinct existence. In this Article, a broad property concept is not focused just on things or on sticks related to things but instead is defined as relating to all things owned. These things may include one’s self and all the key elements associated with this broader set of things owned—including the right to exclude, ownership, dominion, authority, …

Water Use And The Prior Appropriation Doctrine, George A. Gould

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

24 pages.

Innovative Approaches To Water Allocation: The Potential For Water Markets, Charles W. Howe

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

20 pages.

Development Of The Appropriation Doctrine: Outline, Charles F. Wilkinson

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

11 pages.

Contains references.

State Prohibitions On The Interstate Exportation Of Scarce Water Resources, Steven E. Clyde, Edward W. Clyde

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

42 pages.

Pure Water, Pure Law, And Pure Nonsense: Outline, Charles E. Corker

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

24 pages.

The Real Estate Broker's Undertaking, William E. Wallace

Vanderbilt Law Review

In earlier articles I have discussed problems dealing with the enunciation and expression of listing agreements, their formal import' and the effect of one important segment of many of the attendant" payment" clauses. The former article concerned itself with the general problem of the relationship existing between a real property owner and his broker, while the latter dealt with the significance of words by which the payment clause of a brokerage agreement was introduced and with the effect of a wrongful default by the landowner. The present article will consider the legal significance of the actual terms employed to designate …

Contracts - Moral Obligation As Consideration - Promise To Pay For Benefits Previously Received, Michigan Law Review

Michigan Law Review

Plaintiffs, assignees of an oil lease of land, after drilling a dry hole thereon, did not comply with the requirements of their agreement for further development within a stipulated time, in consequence of which there was a formal termination in accordance with the terms of the assignment. An extension of the lease, which the lessees obtained, was assigned to the defendants, who had knowledge of the foregoing circumstances and plaintiffs' claim of a property right in the dry hole. Defendants promised to pay plaintiffs for the use of the dry hole, but subsequently repudiated any liability on the promise. Held …