Promises, Trust, And Contract Law, 2014 Notre Dame Law School
Promises, Trust, And Contract Law, Anthony J. Bellia
Anthony J. Bellia
The need for individuals to be able to trust that promises will be performed is central to justifying a law that renders certain promises enforceable. This Article argues that the legal enforcement of certain promises to meet this need does not necessarily diminish the personal relationships of trust in which such promises are made, as has been argued. Rather, this Article argues, the making and performance of legally enforceable promises can assist individuals in building relationships of trust, as it assists them in the pursuit of myriad goods.
Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., 2014 Selected Works
Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn
John Dobbyn
No abstract provided.
Judicial Influence And The United States Federal District Courts: A Case Study, 2014 University of Tennessee - Knoxville
Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson
Chancellor’s Honors Program Projects
No abstract provided.
Questioni Giuridiche Connesse All'emissione E All'uso Delle Carte Di Credito Revolving, 2014 SelectedWorks
Questioni Giuridiche Connesse All'emissione E All'uso Delle Carte Di Credito Revolving, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Ex Tempore Contracting, 2014 William & Mary Law School
Ex Tempore Contracting, Andrew Verstein
William & Mary Law Review
This Article argues that a cornerstone assumption of contemporary contracts scholarship is misleading and limited. Leading academic commentary explicitly assumes that contractual responsibilities are determined in the following way: parties determine many of their duties ex ante, by specifying terms at the time of contract formation, and leave the rest of the terms vague, for a court to specify ex post if any should prove important. This ex ante / ex post dichotomy is the guiding framework in attempts to understand contract design and interpretation. For example, parties use terms like “merchantable” quality when the cost of being more specific …
A Psychological Account Of Consent To Fine Print, 2014 University of Pennsylvania Carey Law School
A Psychological Account Of Consent To Fine Print, Tess Wilkinson-Ryan
All Faculty Scholarship
The moral and social norms that bear on contracts of adhesion suggest a deep ambivalence. Contracts are perceived as serious moral obligations, and yet they must be taken lightly or everyday commerce would be impossible. Most people see consent to boilerplate as less meaningful than consent to negotiated terms, but they nonetheless would hold consumers strictly liable for both. This Essay aims to unpack the beliefs, preferences, assumptions, and biases that constitute our assessments of assent to boilerplate. Research suggests that misgivings about procedural defects in consumer contracting weigh heavily on judgments of contract formation, but play almost no role …
Order On Various Motions (Justin Fouse Et Al.), 2014 Georgia State University College of Law
Order On Various Motions (Justin Fouse Et Al.), John J. Goger
Georgia Business Court Opinions
No abstract provided.
Order On Various Motions (Global Aerospace, Inc.), 2014 Georgia State University College of Law
Order On Various Motions (Global Aerospace, Inc.), Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, 2014 Pepperdine University
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann
Pepperdine Law Review
This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness. This Article argues that White would likely fail in a lawsuit against an NBA …
The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, 2014 Pepperdine University
The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, Matthew J. Mitten
Pepperdine Law Review
No abstract provided.
Demand For Breach, 2014 University of Pennsylvania Carey Law School
Demand For Breach, Tess Wilkinson-Ryan
All Faculty Scholarship
These studies elicit behavioral evidence for how people weigh monetary and non-monetary incentives in efficient breach. Study 1 is an experimental game designed to capture the salient features of the efficient breach decision. Subjects in a behavioral lab were offered different amounts of money to break the deal they had made with a partner. 18.6% of participants indicated willingness to break a deal for any amount of profit, 27.9% were unwilling to breach for the highest payout, and the remaining subjects identified a break-point in between. Study 2 is an online questionnaire asking subjects to take the perspectives of buyers …
Order On Second Motion To Show Cause And Renewed Motion To Remove Trustees, 2014 Georgia State University College of Law
Order On Second Motion To Show Cause And Renewed Motion To Remove Trustees, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
An Inevitable Conflict: The Subordination Of Contract Principles To Informed Consent In The Business Of Banking Umbilical Cord Blood, 2014 William & Mary Law School
An Inevitable Conflict: The Subordination Of Contract Principles To Informed Consent In The Business Of Banking Umbilical Cord Blood, Abigail Norris
William & Mary Business Law Review
This Note explores the business of banking umbilical cord blood for later, and potentially life-saving, use. It discusses the importance of the stem cells found in umbilical cord blood, and the complexities involved in applying business models to its collection, storage, and use. Furthermore, this Note discusses how contracts governing the storage and use of umbilical cord blood can conflict with concepts of human dignity and informed consent. It concludes that in the event umbilical cord blood banking contracts conflict with informed consent, the contract should be subordinated to a person’s understanding, acquired through procedures intended to achieve the patient, …
El Fideicomiso En La Planificación Sucesoria, 2014 University of Córdoba, Argentina
El Fideicomiso En La Planificación Sucesoria, Carlos Molina Sandoval
Carlos Molina Sandoval
Pese a que el fideicomiso testamentario podría verse como un canal “extrajudicial” de resolver la herencia, ello no es así. Podrá serlo en el “fideicomiso de planificación patrimonial”, pero no en el “fideicomiso testamentario”. En este último caso, es menester iniciar un proceso sucesorio a los fines de la aprobación del testamento y eventualmente realizar las operaciones de inventario, avalúo y partición.
Contract Resurrected! Contract Formation: Common Law ~ Ucc ~ Cisg, 2014 University of Arkansas - Little Rock
Contract Resurrected! Contract Formation: Common Law ~ Ucc ~ Cisg, Sarah H. Jenkins
Sarah H Jenkins
Contract Resurrected!
After the promulgation of the Restatement (Second) of the Law of Contracts with its expanded theory of Section 90, quasi-contract and promissory estoppel were hailed as the only theories needed for recovery. Contract was dead! This was the dominant prospective regarding the continued efficacy of contract and contract law. The contract theorists were wrong. The mushrooming global interdependency among nations demands legal rules and principles to govern exchanges between businesses and reaffirms the value of contract as a juridical tool. The United Nations Convention on Contracts for the International Sale of Goods as a recent promulgation reaffirms the …
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, 2014 California Western School of Law
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, 2014 California Western School of Law
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
Disclaimers Of Contractual Liability And Voluntary Obligations, 2014 Osgoode Hall Law School of York University
Disclaimers Of Contractual Liability And Voluntary Obligations, Michael G. Pratt
Osgoode Hall Law Journal
Contractual obligations are traditionally regarded as voluntary. A voluntary obligation is one that can be acquired only if one intends to acquire it. This traditional understanding finds doctrinal expression in the requirement that contracting parties intend to create legal relations. It has, however, been doubted that the Anglo-Canadian law of contract insists on this requirement. Skeptics argue that cases ostensibly decided on the basis of such a requirement are better explained otherwise. In this paper I invoke the legal force of contractual disclaimers to show that contractual obligations are indeed voluntary. When parties to an agreement purport to exclude it …
Regulating Sovereign Wealth Funds Through Contract, 2014 Brooklyn Law School
Regulating Sovereign Wealth Funds Through Contract, Naveen Thomas
Faculty Scholarship
No abstract provided.
Mistake In Assumptions, 2014 Osgoode Hall Law School of York University
Mistake In Assumptions, Stephen Waddams
Osgoode Hall Law Journal
Mistake raises several important and difficult questions for contract law. The question addressed here is, when is it an excuse from contractual obligation that a contract has been made under the influence of a mistake of fact? Posed in this form, the question invites attention to aspects of contract law not usually considered in relation to each other, particularly misrepresentation, frustration, and more generally, unjust enrichment, all areas in which Professor McCamus has written extensively. This article brings these areas together with the object of throwing useful light on each of them, both from the point of view of understanding …