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Articles 1 - 30 of 86
Full-Text Articles in Contracts
The Bitter Ironies Of Williams V. Walker-Thomas Furniture Co. In The First Year Law School Curriculum, Duncan Kennedy
The Bitter Ironies Of Williams V. Walker-Thomas Furniture Co. In The First Year Law School Curriculum, Duncan Kennedy
Buffalo Law Review
No abstract provided.
Rules Vs. Standards In Private Ordering, Tomer S. Stein
Rules Vs. Standards In Private Ordering, Tomer S. Stein
Buffalo Law Review
The tradeoff between bright-line rules and general standards is one of the bedrocks of law design. This tradeoff determines how legal norms are composed. The tradeoff between rules and standards pervasively affects private ordering as well: it determines how contractual norms are composed. Yet, scholars exploring the rule vs. standard dichotomy have either entirely overlooked the tradeoff taking place in private orderings or equated it with the public tradeoff that dominates lawmaking.
This Article is the first to systematically examine the rule vs. standard tradeoff in private orderings. The Article carries out this task by identifying and analyzing the fundamental …
Not From Guile But From Entitlement: Lawful Opportunism Capitalizes On The Cracks In Contracts, Gastón De Los Reyes Jr., Kirsten Martin
Not From Guile But From Entitlement: Lawful Opportunism Capitalizes On The Cracks In Contracts, Gastón De Los Reyes Jr., Kirsten Martin
Buffalo Law Review
Few concepts have been more pivotal to contract law scholarship over the last forty years than the opportunism attributed ex ante and ex post to contracting parties, yet the lawful form of opportunism identified by Nobel Laureate Oliver Williamson in 1991 remains surprisingly overlooked in favor of the blatant forms of opportunism that result from “self-interest seeking with guile.” This Article extends Williamson’s inchoate account of lawful opportunism and reports the first empirical study of the phenomenon.
The conceptual analysis of lawful opportunism is developed with reference to the bargaining underlying the classic impossibility decision, Taylor v. Caldwell. Three component …
The Validity Of Restraints On Alienation In An Oil And Gas Lease, Luke Meier, Rory Ryan
The Validity Of Restraints On Alienation In An Oil And Gas Lease, Luke Meier, Rory Ryan
Buffalo Law Review
No abstract provided.
Pluralism In Contract Law, Leon Trakman
Limitation Of Liability Clauses In Public Utility Tariffs: Is The Rationale For State-Sponsored Indemnity Still Valid?, John L. Rudy
Limitation Of Liability Clauses In Public Utility Tariffs: Is The Rationale For State-Sponsored Indemnity Still Valid?, John L. Rudy
Buffalo Law Review
No abstract provided.
Intentional Interference With Contract And The Doctrine Of Efficient Breach: Fine Tuning The Notion Of The Contract Breacher As Wrongdoer, Clark A. Remington
Intentional Interference With Contract And The Doctrine Of Efficient Breach: Fine Tuning The Notion Of The Contract Breacher As Wrongdoer, Clark A. Remington
Buffalo Law Review
No abstract provided.
Relational Contract Theory And The Concept Of Exchange, Paul J. Gudel
Relational Contract Theory And The Concept Of Exchange, Paul J. Gudel
Buffalo Law Review
No abstract provided.
Samuel Williston's Struggle With Depression, Allen D. Boyer
Samuel Williston's Struggle With Depression, Allen D. Boyer
Buffalo Law Review
No abstract provided.
How To Read, Or At Least Not Misread, Cardozo In The Allegheny College Case, Alfred S. Konefsky
How To Read, Or At Least Not Misread, Cardozo In The Allegheny College Case, Alfred S. Konefsky
Buffalo Law Review
No abstract provided.
Contractual Theories Of Recovery In The Hmo Provider-Subscriber Relationship: Prospective Litigation For Breach Of Contract, Randolph E. Sarnacki
Contractual Theories Of Recovery In The Hmo Provider-Subscriber Relationship: Prospective Litigation For Breach Of Contract, Randolph E. Sarnacki
Buffalo Law Review
No abstract provided.
Providing Municipal Services In New York State: The "Private Contract" Alternative, Thomas J. Kelly Jr.
Providing Municipal Services In New York State: The "Private Contract" Alternative, Thomas J. Kelly Jr.
Buffalo Law Review
No abstract provided.
Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn
Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn
Buffalo Law Review
No abstract provided.
Contracts—Warranties, Unconscionability, And The Parol Evidence Rule—Industralease Automated & (And) Scientific Corp. V. R.M.E. Enterprises, Inc., Lawrence S. Goldberg
Contracts—Warranties, Unconscionability, And The Parol Evidence Rule—Industralease Automated & (And) Scientific Corp. V. R.M.E. Enterprises, Inc., Lawrence S. Goldberg
Buffalo Law Review
No abstract provided.
Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo
Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo
Buffalo Law Review
No abstract provided.
Employment At Will And The Law Of Contracts, Dennis M. Hyatt
Employment At Will And The Law Of Contracts, Dennis M. Hyatt
Buffalo Law Review
No abstract provided.
Toward A Law Of Academic Status, Matthew W. Finkin
Toward A Law Of Academic Status, Matthew W. Finkin
Buffalo Law Review
No abstract provided.
Back Pay Awards: A Remedy Under Executive Order 11246, M. Brian Moroze
Back Pay Awards: A Remedy Under Executive Order 11246, M. Brian Moroze
Buffalo Law Review
No abstract provided.
Treatment Of Debtors, O. John Rogge
Cases And Materials On Contracts, Exchange Transactions And Relationships. By Ian R. Macneil., Charles Edward Donegan
Cases And Materials On Contracts, Exchange Transactions And Relationships. By Ian R. Macneil., Charles Edward Donegan
Buffalo Law Review
No abstract provided.
Miscalculation In Contracts: The Tort-Schema In German And Common Law, Robert Dugan
Miscalculation In Contracts: The Tort-Schema In German And Common Law, Robert Dugan
Buffalo Law Review
No abstract provided.
Accord And Satisfaction: Conditional Tender By Check Under The Uniform Commercial Code, Howard T. Reben
Accord And Satisfaction: Conditional Tender By Check Under The Uniform Commercial Code, Howard T. Reben
Buffalo Law Review
No abstract provided.
Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert L. Birmingham
Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert L. Birmingham
Buffalo Law Review
No abstract provided.
The Need For Protection Of The Consumer Of Services, Robert M. Feinson
The Need For Protection Of The Consumer Of Services, Robert M. Feinson
Buffalo Law Review
No abstract provided.
Contracts—The Effect Of The Statute Of Frauds On An Implied Contract, David Brown
Contracts—The Effect Of The Statute Of Frauds On An Implied Contract, David Brown
Buffalo Law Review
Cinefot International Corp. v. Hudson Photographic Industries, 13 N.Y.2d 249, 196 N.E.2d 54, 246 N.Y.S.2d 395 (1963).
State And Local Contracts And Subcontracts, J. Edward Conway
State And Local Contracts And Subcontracts, J. Edward Conway
Buffalo Law Review
No abstract provided.
Local Contracts And Sub-Contracts: The Roles Of City Government And Private Citizen Groups, Madison S. Jones
Local Contracts And Sub-Contracts: The Roles Of City Government And Private Citizen Groups, Madison S. Jones
Buffalo Law Review
No abstract provided.
Contracts—Contract Intended To Release Liability For Negligence Invalidated—Language Not Sufficiently Explicit, James B. Denman
Contracts—Contract Intended To Release Liability For Negligence Invalidated—Language Not Sufficiently Explicit, James B. Denman
Buffalo Law Review
Willard Van Dyke Prods. v. Eastman Kodak Co., 12 N.Y.2d 301, 189 N.E.2d 693, 239 N.Y.S.2d 337 (1963).
Contracts—Attorney-Accountant Agreement To Split Fee Enforceable Provided Each Renders Services Only In His Respective Field, Anthony S. Kowalski
Contracts—Attorney-Accountant Agreement To Split Fee Enforceable Provided Each Renders Services Only In His Respective Field, Anthony S. Kowalski
Buffalo Law Review
Blumenberg v. Neubecker, 12 N.Y.2d 456, 191 N.E.2d 269, 240 N.Y.S.2d 730 (1963).
Contracts—Warranties Of Manufacturer Concerning Design And Construction Of Generating Units Declared Not Prospective In Nature, R. B. S.
Buffalo Law Review
Citizens Utilities Co. v. American Locomotive Co., 11 N.Y.2d. 409, 184 N.E.2d 171, 230 N.Y.S.2d 194 (1962).