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Full-Text Articles in Legal History

Mixed Contracts And The U.C.C.: A Proposal For A Uniform Penalty Default To Protect Consumers, Jesse M. Brush Jul 2007

Mixed Contracts And The U.C.C.: A Proposal For A Uniform Penalty Default To Protect Consumers, Jesse M. Brush

Student Scholarship Papers

Although Article 2 of the Uniform Commercial Code provides a standard set of rules for goods transactions, it is silent on the treatment of mixed goods and services contracts. Without guidance from the Code, courts have taken a number of different approaches to such contracts. These varied tests encourage opportunistic behavior: sellers withhold information about implied warranties during negotiations, and can later claim they do not apply. Uninformed buyers must either forfeit their warranty protection or resort to an expensive court determination of the Code’s applicability. This Article proposes a “penalty default” of applying the Code in consumer contracts ...


The Contracts Notes Of Timothy Merwin: Earliest Evidence Of Instruction At Yale Law School, Peter Stern Jan 1996

The Contracts Notes Of Timothy Merwin: Earliest Evidence Of Instruction At Yale Law School, Peter Stern

Student Legal History Papers

This paper discusses the contracts notes of one of the first students at the Yale Law School. The notes were taken in 1828, making them the earliest known evidence of the method of instruction employed by the law school's founders.


Contracts Exempting Employers From Liability For Negligence, George E. Beers Jan 1898

Contracts Exempting Employers From Liability For Negligence, George E. Beers

Faculty Scholarship Series

The negligence, real and imaginary, of employers of labor,
gives rise to a large proportion of the lawsuits of every industrial
community. Such actions are among the contingencies which
are expected and in recent years commonly insured against. To
avoid the expense of casualty insurance and the risks of not
insuring, the wit of the employer has devised various schemes
which have from time to time come before the courts. They
are intended to furnish a sort of cheap insurance. It is the
object of this article to bring in review some of the principal
authorities and seek what answer ...