Open Access. Powered by Scholars. Published by Universities.®

Contracts Commons

Open Access. Powered by Scholars. Published by Universities.®

3,562 Full-Text Articles 2,104 Authors 1,788,306 Downloads 111 Institutions

All Articles in Contracts

Faceted Search

3,562 full-text articles. Page 1 of 66.

Freedom Of Contract Under State Supervision.Pdf, Hao Jiang 2016 Tulane Law School

Freedom Of Contract Under State Supervision.Pdf, Hao Jiang

Hao Jiang Esq.

This study investigates the theoretical obstacles freedom of contract brings to an economy where state ownership is pervasive while the market is not sufficiently competitive such as China. Contrary to the arguments made by existing literatures that attributed all the conflicts of interest between state and private investors and related agency problems to the state ownership and dual role of state as a regulator and market player, and that adoption of unitary treatments to state and private ownerships alike as the solution, I attribute most of the obstacles in the contract law theories to the absence of a free market ...


Reforming The Federal Arbitration Act To Equalize The Adjudication Rights Of Powerful And Weak Parties, Stephen A. Plass 2016 The Catholic University of America, Columbus School of Law

Reforming The Federal Arbitration Act To Equalize The Adjudication Rights Of Powerful And Weak Parties, Stephen A. Plass

Catholic University Law Review

Providing an extensive historical overview of federal arbitration jurisprudence and the Federal Arbitration Act (FAA), this article argues that the Supreme Court has misinterpreted FAA provisions and goals, thereby drastically changing the law of labor arbitration to the detriment of American workers and consumers. Namely, original congressional policy goals (providing speedy, fair and informal alternatives to court adjudication) have been countermanded by the Supreme Court’s interpretation of arbitration law over the last 50 years. As a result, modern arbitration law sets up an imbalance of power between employers/merchants and workers/consumers who are forced into lengthy and expensive ...


Hollywood Deals: Soft Contracts For Hard Markets, Jonathan M. Barnett 2016 University of Southern California

Hollywood Deals: Soft Contracts For Hard Markets, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Hollywood film projects involving significant capital investments regularly proceed on the basis of unsigned “deal memos” or draft agreements with uncertain legal enforceability. These “soft contracts” constitute a hybrid instrument adapted to the transactional hazards of an environment in which neither formal contract nor reputation effects can adequately specify and enforce parties’ commitments at any reasonable cost. Uncertainly enforceable contracts embed an implicit termination and renegotiation option that provides flexibility to respond to changed circumstances while maintaining a threat of legal liability that provides some transactional security. Evidence collected from litigation records, trade press coverage and field interviews show that ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2016 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


Vacatur Of Awards Under The Tennessee Uniform Arbitration Act: Substance, Procedure, And Strategies For Practitioners, Steven Feldman 2016 U.S. Army COE

Vacatur Of Awards Under The Tennessee Uniform Arbitration Act: Substance, Procedure, And Strategies For Practitioners, Steven Feldman

Steven Feldman

Currently, a lively debate exists in the academic community about the fairness of contractual arbitration clauses. The commentators, however, rarely explore the doctrinal aspects of arbitration as found in the Uniform Arbitration Act, the Revised Uniform Arbitration Act, and the Federal Arbitration Act.

This oversight is regrettable because standard form arbitration clauses are a fixture on the current legal landscape and the odds are high that arbitration in its current form will continue for many years to come.

This article analyzes the Tennessee Uniform Arbitration Act (TUAA). One of the most challenging TUAA topics is the action for vacatur (annulment ...


Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge 2016 Texas A&M University School of Law

Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge

Mark E. Burge

As technology rolls out ongoing and competing streams of payments innovation exemplified by Apple Pay (mobile payments) and Bitcoin (cryptocurrency), the law governing payments appears hopelessly behind the curve. The patchwork of state, federal, and private legal rules seems more worthy of condemnation than emulation. This article argues, however, that the legal and market developments of the last several decades of payment systems provides compelling evidence of the most realistic and socially beneficial future for payments law. The paradigm of a comprehensive public-law regulatory scheme for payment systems—exemplified by Articles 3 and 4 of the Uniform Commercial Code—has ...


Defining Agency And Its Scope (Ii), Deborah A. DeMott 2016 Duke Law School

Defining Agency And Its Scope (Ii), Deborah A. Demott

Faculty Scholarship

Fiduciary law necessarily raises issues of delineation and demarcation, which this paper demonstrates through examples involving common-law agents. Serving as an agent, and thus as a fiduciary, does not necessarily mean that agency law prescribes all duties that the agent owes the principal. The agent may have rights external to the relationship that the agent may exercise, distinct from the duty of loyalty owed the principal. When an agent acts outside the bounds of an agency relationship, the principal’s consent is not requisite to conduct that would constitute disloyalty within the bounds of the agency relationship. The paper illustrates ...


Charles H. Martin Blog, Charles H. Martin 2015

Charles H. Martin Blog, Charles H. Martin

Charles H. Martin, J.D., M.B.A.

My blog about contracts, digital signatures and contracts, consumer, employment, business, and international law


Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L Sobol 2015

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L Sobol

Neil L Sobol

Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons.

Criminal justice debt is the primary source for this imprisonment. Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist ...


A New Era For Energy In Mexico? The 2013-14 Energy Reform, Tim R Samples 2015 University of Georgia

A New Era For Energy In Mexico? The 2013-14 Energy Reform, Tim R Samples

Tim R Samples

The 2013-14 Energy Reform is arguably Mexico’s most significant structural change in the last fifty years. As the fiscal backbone of the Mexican state, the energy sector is critically important to Mexico’s future. But the outcome of the Energy Reform also has powerful implications for North America and global energy markets. This article analyzes key legal issues in Mexico’s current Energy Reform, with a particular emphasis on newly established contracting frameworks for private investment. In doing so, this article considers Mexico’s approach within the greater context of natural resource development priorities around the world, which often ...


International B2b Contracts - Freedom Unchained?, Ingeborg Schwenzer, Claudio Marti Whitebread 2015 University of Basel

International B2b Contracts - Freedom Unchained?, Ingeborg Schwenzer, Claudio Marti Whitebread

Penn State Journal of Law & International Affairs

No abstract provided.


Unenforceability By Will. The Widening Of Reciprocity In The Digital Environment, Pablo Salvador-Coderch, Ariadna Aguilera Rull †, Leah Daniels Simon, Sergi Gálvez Duran, Miquel Mirambell Fargas 2015 Universidad Pompeu Fabra

Unenforceability By Will. The Widening Of Reciprocity In The Digital Environment, Pablo Salvador-Coderch, Ariadna Aguilera Rull †, Leah Daniels Simon, Sergi Gálvez Duran, Miquel Mirambell Fargas

The Latin American and Iberian Journal of Law and Economics

There is paid work and unpaid work. The former belongs in the sphere of exchange; the latter, in the sphere of reciprocity. Within the sphere of exchange, contracts are paramount. Contracts are binding promises, that is to say, a legal remedy for breach of contract is warranted by law. Within the sphere of reciprocity, gifts, services rendered gratuitously and non-binding promises thrive. The questions analyzed in this essay relate to the dynamics and overlap between both spheres in the digital environment and are answered by giving workable tests to draw their respective boundaries.

Because contracts are binding promises, a legal ...


"Dama Y Caballero Es Otra Cosa", Luis Cárdenas Rodríguez 2015

"Dama Y Caballero Es Otra Cosa", Luis Cárdenas Rodríguez

Luis Cárdenas Rodríguez

Indecopi sancionó a un centro comercial porque uno de sus vigilantes intentó expulsar a una pareja de hombres por besarse en sus instalaciones.


Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. McCarty 2015 American University Washington College of Law

Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty

Benjamin C McCarty

The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount ...


Interpreting The Rules Of Insurance Contract Interpretation, Mark A. Geistfeld 2015 NYU School of Law

Interpreting The Rules Of Insurance Contract Interpretation, Mark A. Geistfeld

New York University Law and Economics Working Papers

The rules for interpreting insurance policies—the doctrine of contra proferentem for ambiguous policy language, and the doctrine of reasonable expectations for unambiguous language—are surprisingly difficult to define. The rules themselves are ambiguous and subject to differing interpretations, and yet courts have not been clear about which form they have adopted or are otherwise applying in a particular case. In light of this case law, the Restatement of the Law: Liability Insurance faces a daunting problem. Without widespread agreement about the appropriate method for interpreting insurance policies, how can the case law be restated in a manner that yields ...


Strategic Bias Shifting: Herding As A Behaviorally Rational Response To Regret Aversion, Jennifer Arlen, Stephan Tontrup 2015 NYU School of Law

Strategic Bias Shifting: Herding As A Behaviorally Rational Response To Regret Aversion, Jennifer Arlen, Stephan Tontrup

New York University Law and Economics Working Papers

In this article, we show experimentally that individuals can adapt their decision making to social environments, like markets, and respond strategically to biases, such as regret aversion. We find they can employ herding as a behaviorally rational strategy to improve their expected outcomes and shift anticipated regret when regret would otherwise bias them towards a suboptimal status quo. Herding can improve decision making when people observe the choices of professionals and businesses, who are less likely to be biased by regret. Focusing on others’ choices can allow decision makers to shift their reference point, and their bias, to favor their ...


“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu 2015 University of Maryland Francis King Carey School of Law

“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu

Maryland Law Review

Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box ...


Interpreting The Rules Of Insurance Contract Interpretation, Mark A. Geistfeld 2015 NYU School of Law

Interpreting The Rules Of Insurance Contract Interpretation, Mark A. Geistfeld

New York University Public Law and Legal Theory Working Papers

The rules for interpreting insurance policies—the doctrine of contra proferentem for ambiguous policy language, and the doctrine of reasonable expectations for unambiguous language—are surprisingly difficult to define. The rules themselves are ambiguous and subject to differing interpretations, and yet courts have not been clear about which form they have adopted or are otherwise applying in a particular case. In light of this case law, the Restatement of the Law: Liability Insurance faces a daunting problem. Without widespread agreement about the appropriate method for interpreting insurance policies, how can the case law be restated in a manner that yields ...


Strategic Bias Shifting: Herding As A Behaviorally Rational Response To Regret Aversion, Jennifer Arlen, Stephan Tontrup 2015 NYU School of Law

Strategic Bias Shifting: Herding As A Behaviorally Rational Response To Regret Aversion, Jennifer Arlen, Stephan Tontrup

New York University Public Law and Legal Theory Working Papers

In this article, we show experimentally that individuals can adapt their decision making to social environments, like markets, and respond strategically to biases, such as regret aversion. We find they can employ herding as a behaviorally rational strategy to improve their expected outcomes and shift anticipated regret when regret would otherwise bias them towards a suboptimal status quo. Herding can improve decision making when people observe the choices of professionals and businesses, who are less likely to be biased by regret. Focusing on others’ choices can allow decision makers to shift their reference point, and their bias, to favor their ...


Digital Commons powered by bepress