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Glen W. Rollins Et Al Order On Defendants' Motion For Summary Judgment, Melvin K. Westmoreland 2017 Superior Court, Fulton County Judge

Glen W. Rollins Et Al Order On Defendants' Motion For Summary Judgment, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Lex Punit Mendacium: Punitive Damages And Bhasin V Hrynew, Eric Andrews 2017 University of Western Ontario, Faculty of Law

Lex Punit Mendacium: Punitive Damages And Bhasin V Hrynew, Eric Andrews

Western Journal of Legal Studies

Punitive damages are a controversial remedy in Canadian and non-Canadian law. Some scholars have gone so far as to argue that punitive damages are entirely inconsistent with the goals and principles of private law and ought to be abolished. Notwithstanding these criticisms, the Supreme Court of Canada has treated punitive damages as a relatively uncontroversial private law remedy. However, the circumstances under which a court will consider awarding punitive damages have evolved with recent Supreme Court decisions. One example is the introduction of the independent actionable wrong requirement in Vorvis v Insurance Corporation of British Columbia. The independent actionable wrong ...


Solid V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 17 (Apr. 27, 2017), Hunter Davidson 2017 Nevada Law Journal

Solid V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 17 (Apr. 27, 2017), Hunter Davidson

Nevada Supreme Court Summaries

The Court interpreted Nevada Supreme Court Rules (“SCR” or the “Rules”) on Electronic Coverage of Court Proceedings: (1) My Entertainment TV (MET) is a “news reporter” under SCR 229(1)(c) because it collects, edits, and publishes footage concerning local events for public dissemination; (2) Clark County court proceedings footage has the educational or informational purpose required by SCR 241; (3) camera presence in the court room alone does not overcome the presumption permitting electronic recording of court proceedings under SCR 230; and (4) contract provisions must be read together, and the result should comport with the SCR on electronic ...


A Motion To Compel Changes To Federal Arbitration Law: How To Remedy The Abuses Consumers Face When Arbitrating Disputes, Jeremy McManus 2017 Boston College Law School

A Motion To Compel Changes To Federal Arbitration Law: How To Remedy The Abuses Consumers Face When Arbitrating Disputes, Jeremy Mcmanus

Boston College Journal of Law & Social Justice

Arbitration, as a form of alternative dispute resolution, is a favored method of settling legal disputes because it resolves disputes faster and more cost effectively than in-court litigation. Corporations often exploit the private nature of arbitration by including complex provisions in consumer contracts that require certain disputes to be resolved through arbitration. Consumers subject to these arbitration provisions often do not realize the existence of the provisions, and do not understand that because of undue corporate influence over arbitrators, arbitration tends to favor the corporations against which they arbitrate. Unfortunately, because the U.S. Supreme Court has declared that the ...


“Breaking Bad” Contracts: Bargaining For Masculinity In Popular Culture, Lenora Ledwon 2017 College of William & Mary Law School

“Breaking Bad” Contracts: Bargaining For Masculinity In Popular Culture, Lenora Ledwon

William & Mary Journal of Women and the Law

This Article examines the award-winning television show, Breaking Bad, to illustrate how the idea of a contract in popular culture can become inflected with a style of retrograde masculinity. Deals in Breaking Bad take place in the classic contract imaginary, which resembles the classic Western shootout: two antagonists face each other down in a duel. The show interrogates the frontier thesis, with its links to the American Dream and dangerous masculinities, through the ruthless contracts of Walter White.


Strategic Jubiliee Holdings, Llc Et Al Order On Defendants' Motion To Strike, Elizabeth E. Long 2017 Superior Court, Fulton County Judge

Strategic Jubiliee Holdings, Llc Et Al Order On Defendants' Motion To Strike, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Contract Law As A Viable Alternative To Problems Of Informed Consent, Martin L. Norton 2017 St. John's University School of Law

Contract Law As A Viable Alternative To Problems Of Informed Consent, Martin L. Norton

The Catholic Lawyer

No abstract provided.


Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell 2017 University of California, Berkeley, School of Law

Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell

Nevada Law Journal Forum

In crafting the Defend Trade Secrets Act of 2016 (DTSA), Congress went beyond the federalization of state trade secret protection to tackle a broader social justice problem: the misuse of nondisclosure agreements (NDAs) to discourage reporting of illegal activity in a variety of areas. The past few decades have witnessed devastating government contracting abuses, regulatory violations, and deceptive financial schemes that have hurt the public and cost taxpayers and investors billions of dollars. Congress recognized that immunizing whistleblowers from the cost and risk of trade secret liability for providing information to the Government could spur law enforcement. But could this ...


The Supreme Court’S Application Of 'Ordinary Contract Principles' To The Issue Of The Duration Of Retiree Healthcare Benefits: Perpetuating The Interpretation/Gap-Filling Quagmire, Robert A. Hillman 2017 Cornell Law School

The Supreme Court’S Application Of 'Ordinary Contract Principles' To The Issue Of The Duration Of Retiree Healthcare Benefits: Perpetuating The Interpretation/Gap-Filling Quagmire, Robert A. Hillman

Cornell Law Faculty Publications

The United States Supreme Court purported to apply "ordinary contract principles" in its decision reversing the Sixth Circuit Court of Appeals in M&G Polymers USA v. Tackett . The Sixth Circuit had held that plaintiffs, retired employees of M&G, were entitled to lifetime healthcare benefits under their union's agreement with M&G. According to the Supreme Court, the Sixth Circuit wrongly relied on a false set of "inferences" established in International Union v. Yard-Man, Inc. to find that "in the absence of extrinsic evidence to the contrary, the provisions of [the collective bargaining agreement] indicated an intent to ...


Licensing Contracts: Control Rights, Options And Timing, Pascale CRAMA, Bert DE REYCK, Niyazi TANERI 2017 Singapore Management University

Licensing Contracts: Control Rights, Options And Timing, Pascale Crama, Bert De Reyck, Niyazi Taneri

Research Collection Lee Kong Chian School Of Business

Research and development (R&D) collaborations, common in high-tech industries, are challenging to manage due to technical and market risks as well as incentive problems. We investigate how control rights, options, payment terms and timing allow the innovator to capture maximum value from its R&D collaborations with a marketer. Our study reveals a counterintuitive result; the innovator may, under certain conditions, prefer to grant launch control rights or buy-out options to the marketer despite the fact that both terms restrict its downstream actions. We demonstrate that a menu of contracts is not necessary to address the adverse selection problem as the menu can be replicated by a single option contract. We show that timing, through renegotiation or delayed contracting, as well as the careful allocation of control rights and options can have a significant influence on the value of collaborative R&D. We provide recommendations on the optimal contract structure and ...


Las Obligaciones De Restitución Y De Reembolso Como Efectos De La Resolución Contractual, Marco Andrei Torres Maldonado 2017 Universidad Nacional Mayor de San Marcos

Las Obligaciones De Restitución Y De Reembolso Como Efectos De La Resolución Contractual, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

Según el autor, el caso tratado a través del Pleno Jurisdiccional Distrital en materia Civil de la Corte Superior de Lima Norte en el 2016 se reduce, en un extremo, a la fi gura del reembolso, la cual no ha sido desarrollada por el codificador peruano de una forma correcta en el artículo 1372 del Código Civil peruano. El autor rescata la decisión de los magistrados respecto a dejar otra vía expedita para que el comprador de buena fe pueda reclamar el pago del valor de la edificación que realizó, pese al incumplimiento del programa contractual.


The Dawn Of Fully Automated Contract Drafting: Machine Learning Breathes New Life Into A Decades-Old Promise, Kathryn D. Betts, Kyle R. Jaep 2017 Duke Law

The Dawn Of Fully Automated Contract Drafting: Machine Learning Breathes New Life Into A Decades-Old Promise, Kathryn D. Betts, Kyle R. Jaep

Duke Law & Technology Review

Technological advances within contract drafting software have seemingly plateaued. Despite the decades-long hopes and promises of many commentators, critics doubt this technology will ever fully automate the drafting process. But, while there has been a lack of innovation in contract drafting software, technological advances have continued to improve contract review and analysis programs. “Machine learning,” the leading innovative force in these areas, has proven incredibly efficient, performing in mere minutes tasks that would otherwise take a team of lawyers tens of hours. Some contract drafting programs have already experimented with machine learning capabilities, and this technology may pave the way ...


Gerber Products Co. Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner 2017 Fulton County Superior Court Judge

Gerber Products Co. Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs 2017 Pacific McGeorge School of Law

A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


Private Ordering And Notice Failure In The Context Of Termination, Alfred C. Yen 2017 Boston College Law School

Private Ordering And Notice Failure In The Context Of Termination, Alfred C. Yen

Alfred C. Yen

No abstract provided.


Gross Endowment Trust, Llc Et Al., Order On Defendants' Motion For Summary Judgment, Alice D. Bonner 2017 Fulton County Superior Court Judge

Gross Endowment Trust, Llc Et Al., Order On Defendants' Motion For Summary Judgment, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Foreclosure Diversion And Mediation In The States, Alan M. White 2017 CUNY School of Law

Foreclosure Diversion And Mediation In The States, Alan M. White

Georgia State University Law Review

The recent mortgage foreclosure crisis, whose economic effects are well known, transformed state legal structures governing the mortgage foreclosure process. What had been a relatively routine system of default judgments and auction sales has evolved into a negotiation and workout practice in which homeowners contest foreclosures, demand loan modifications and short sales, and propose other alternatives to foreclosures.

A profusion of state laws and court orders were adopted between 2008 and 2014 with the aim of promoting negotiated foreclosure alternatives. These laws have produced a variety of experiments in the “laboratories of democracy.” The defaults—whether home loans are renegotiated ...


Governance By Contract: The Implications For Corporate Bylaws, Jill E. Fisch 2017 University of Pennsylvania Law School

Governance By Contract: The Implications For Corporate Bylaws, Jill E. Fisch

Faculty Scholarship

Boards and shareholders are increasing using charter and bylaw provisions to customize their corporate governance. Recent examples include forum selection bylaws, majority voting bylaws and advance notice bylaws. Relying on the contractual conception of the corporation, Delaware courts have accorded substantial deference to board-adopted bylaw provisions, even those that limit shareholder rights.

This Article challenges the rationale for deference under the contractual approach. With respect to corporate bylaws, the Article demonstrates that shareholder power to adopt and amend the bylaws is, under Delaware law, more limited than the board’s power to do so. As a result, shareholders cannot effectively ...


In Pursuit Of Good & Gold: Data Observations Of Employee Ownership & Impact Investment, Christopher Geczy, Jessica S. Jeffers, David K. Musto, Anne M. Tucker 2017 University of Pennsylvania Wharton School

In Pursuit Of Good & Gold: Data Observations Of Employee Ownership & Impact Investment, Christopher Geczy, Jessica S. Jeffers, David K. Musto, Anne M. Tucker

Anne Tucker

A startup's path to self-sustaining profitability is risky and hard, and most do not make it. Venture capital (VC) investors try to improve these odds with contractual terms that focus and sharpen employees' incentives to pursue gold. If the employees and investors expect the startup to balance the goal of profitability with another goal - the goal of good - the risks are likely to both grow and multiply. They grow to the extent that profits are threatened, and they multiply to the extent that balancing competing goals adds a dimension to the incentive problem. In this Article, we explore contracting ...


Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Defendants' Second Motion For Summary Judgment, John J. Goger 2017 Fulton County Superior Court Judge

Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Defendants' Second Motion For Summary Judgment, John J. Goger

Georgia Business Court Opinions

No abstract provided.


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