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

Contracts Commons

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

4946 Full-Text Articles 2682 Authors 2800016 Downloads 116 Institutions

All Articles in Contracts

Faceted Search

4946 full-text articles. Page 7 of 114.

What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle 2016 Case Western Reserve University

What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle

Aaron K. Perzanowski

Retailers such as Apple and Amazon market digital media to consumers using the familiar language of product ownership, including phrases like “buy now,” “own,” and “purchase.” Consumers may understandably associate such language with strong personal property rights. But the license agreements and terms of use associated with these transactions tell a different story. They explain that ebooks, mp3 albums, digital movies, games, and software are not sold, but merely licensed. The terms limit consumers' ability to resell, lend, transfer, and even retain possession of the digital media they acquire. Moreover, unlike physical media products, access to digital media is contingent ...


Marquetta Carzell Et Al., Order On Defendants' Motion To Dismiss, Or In The Alternative For Judgment On The Pleadings, John J. Goger 2016 Fulton County Superior Court, Judge

Marquetta Carzell Et Al., Order On Defendants' Motion To Dismiss, Or In The Alternative For Judgment On The Pleadings, John J. Goger

Georgia Business Court Opinions

No abstract provided.


A Cost Of Doing Business: Defense Contracting Fraud, Shane M. English 2016 Cuny Graduate School of Journalism

A Cost Of Doing Business: Defense Contracting Fraud, Shane M. English

Capstones

The federal government relies heavily on outside contractors to provide essential research and services. Following World War II, the Department of Defense and the military began to rely on approved government contractors to develop, test and improve weapons and tools used to keep soldiers and the nation safe.

Defense contracting is a massive business that commands billions of dollars a year. Despite the magnitude of the United States' contracting system, detecting fraud and preventing bad actors from continuing to profit off of the government has proven difficult. The systems at hand: civil and criminal charges, suspension and debarment have consistently ...


Purchasing Power, Llc Order On Bluestem Brands, Inc.'S Motion To Dismiss The Tortious Interference And Unjust Enrichment Claims And Plaintiff's Cross-Motion To Strike References To Vacated Summary Judgment Order, Melvin K. Westmoreland 2016 Fulton County Superior Court, Judge

Purchasing Power, Llc Order On Bluestem Brands, Inc.'S Motion To Dismiss The Tortious Interference And Unjust Enrichment Claims And Plaintiff's Cross-Motion To Strike References To Vacated Summary Judgment Order, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


From Context To Text In Contractual Interpretation: Is There Really A Problem With The Plain Meaning Rule?, Yihan GOH 2016 Singapore Management University

From Context To Text In Contractual Interpretation: Is There Really A Problem With The Plain Meaning Rule?, Yihan Goh

Research Collection School Of Law

Much of the contemporary scholarship on contractual interpretation is staunchly against a textual analysis, by which a court can only depart from the plain meaning of a contract exceptionally. It is therefore no surprise that scholars have reacted negatively to the spate of recent cases where the English courts have re-emphasized the plain meaning of the text in contractual interpretation. Yet one cannot help but wonder whether a textual analysis is really so problematic when courts across the common law world have re-embraced it. Drawing from both theoretical and comparative perspectives, this paper suggests that a focus on the text ...


A Renewed Consideration Of Consideration: Mwb Business Exchange Centres Ltd V Rock Advertising Ltd [2016] Ewca Civ 553, Kenny CHNG, Yihan GOH 2016 Singapore Management University

A Renewed Consideration Of Consideration: Mwb Business Exchange Centres Ltd V Rock Advertising Ltd [2016] Ewca Civ 553, Kenny Chng, Yihan Goh

Research Collection School Of Law

This note argues thatthe English Court of Appeal decision of MWBBusiness Exchange Centres Ltd v Rock Advertising Ltd is a significantmodification of the present understanding of consideration with respect toagreements to accept part-payments of a debt and to perform pre-existing duties,and that the preferred way forward for the development of the law should be judicialintervention by the Supreme Court to reconcile the logical inconsistenciesbetween Foakes v Beer and Williams v Roffey Bros & Nicholls(Contractors) Ltd.


El Pago Del Interés Legal (Simple) En Materia Previsional, Marco Andrei Torres Maldonado 2016 Universidad Nacional Mayor de San Marcos

El Pago Del Interés Legal (Simple) En Materia Previsional, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

El pago del interés legal (simple) en materia previsional.


Dong Feng Fang Et Al. Order Denying Plaintiffs' Motion For Partial Summary Judgment As To Liability And Compensatory Damages, Melvin K. Westmoreland 2016 Fulton County Superior Court, Judge

Dong Feng Fang Et Al. Order Denying Plaintiffs' Motion For Partial Summary Judgment As To Liability And Compensatory Damages, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


La Transacción. Precisiones Conceptuales En Torno A Su Definición Y Principales Aspectos Fisiológicos, Walter Vásquez Rebaza 2016 Pontificia Universidad Catolica del Peru

La Transacción. Precisiones Conceptuales En Torno A Su Definición Y Principales Aspectos Fisiológicos, Walter Vásquez Rebaza

Walter Vásquez Rebaza

El artículo se ocupa de explicar la naturaleza jurídica y de desarrollar los principales componentes de la transacción extrajudicial tanto en el Perú como en algunos modelos comparados.


Newsroom: Guiding Startups Through Legal Pickles 11-14-2016, Jill Rodrigues, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Guiding Startups Through Legal Pickles 11-14-2016, Jill Rodrigues, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David V. Snyder 2016 Indiana University School of Law - Bloomington

The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David V. Snyder

David Snyder

This article argues that contractual change is inherently problematic because contract and change are fundamentally antithetical. Because change is inevitable, however, the law of contract attempts to regulate the effect of change. These attempts are divided into two realms: public regulation, including the preexisting duty rule and its substitutes, and private regulation, including contractual "no oral modification" and "no oral waiver" clauses. The article criticizes not only the preexisting duty rule but also the duress and good faith tests that have been suggested as substitutes. Instead, the article proposes a "coercion" test, which is stated in detail and which is ...


Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder 2016 Indiana University School of Law - Bloomington

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder

David Snyder

No abstract provided.


Closing The Deal In Contracts: Introducing Transactional Skills In The First Year, David V. Snyder 2016 Indiana University School of Law - Bloomington

Closing The Deal In Contracts: Introducing Transactional Skills In The First Year, David V. Snyder

David Snyder

No abstract provided.


Leap Of Faith: Determining The Standard Of Faith Needed To Violate The Implied Covenant Of Good Faith And Fair Dealing For Delaware Limited Liability Companies, Pat Andriola 2016 Davis Polk & Wardwell LLP

Leap Of Faith: Determining The Standard Of Faith Needed To Violate The Implied Covenant Of Good Faith And Fair Dealing For Delaware Limited Liability Companies, Pat Andriola

Boston College Law Review

Delaware courts have long respected the right to contract in Delaware, and possibly no entity is afforded more privileges to set the boundaries of its corporate form than the Delaware Limited Liability Company. Unlike nearly every other state, Delaware permits LLCs to abolish the duties of care and loyalty in their operating agreements, but forbids companies to eliminate liability for “any act or omission that constitutes a bad faith violation of the implied contractual covenant of good faith and fair dealing.” The problem with the phrase “bad faith violation” is that, when referencing a breach of the implied covenant of ...


Sound The Alarm: Limitations Of Liability In Alarm Service Contracts, Joshua N. Cohen 2016 Fordham University School of Law

Sound The Alarm: Limitations Of Liability In Alarm Service Contracts, Joshua N. Cohen

Fordham Law Review

Home and business owners increasingly rely on alarm systems to protect against theft and property damage. When a burglary or fire occurs and an alarm service customer discovers that the alarm company negligently failed to call the police or fire department, the customer understandably would expect redress for the company’s failure to provide its service. Many customers would be surprised, though, to discover that an alarm company’s liability is often contractually limited to a relatively token amount unrelated to the cost of the service, even when the alarm company is negligent. Some states view these limitations of liability ...


Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa 2016 Roger Williams University School of Law

Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa

Law School Blogs

No abstract provided.


Private Lawmaking In Commercial Cyberspace, Eliza MIK 2016 Singapore Management University

Private Lawmaking In Commercial Cyberspace, Eliza Mik

Research Collection School Of Law

No discussion of “Law and Technology” would be complete without at least one essay centred on the Internet. While the Internet no longer captures our imagination with the same force as it did 20 years ago, we cannot assume that it no longer creates (or perpetuates?) multiple legal problems. When we talk about the Internet we must, however, refrain from the popular “Internet metanarrative” that often leads to superficial arguments and unhelpful generalisations.1 We must always remain aware of the multiplicity of the Internet’s technical applications and the wide range of legal contexts in which the term gains ...


Piedmont/Maple, Llc Et Al., Order On Plaintiffs' Motion For Summary Judgment On Defendant's Counterclaims, Motion To Exclude Opinion Information And Testimony, And Motion To Strike Affidavit Of David L. Eichenblatt, John J. Goger 2016 Fulton County Superior Court, Judge

Piedmont/Maple, Llc Et Al., Order On Plaintiffs' Motion For Summary Judgment On Defendant's Counterclaims, Motion To Exclude Opinion Information And Testimony, And Motion To Strike Affidavit Of David L. Eichenblatt, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Pactes D'Actionnaires Et Prévention Des Conflits Dans La Société Anonyme De L'Espace Ohada., Julien Coomlan Hounkpe 2016 University of Abomey Calavi, Benin

Pactes D'Actionnaires Et Prévention Des Conflits Dans La Société Anonyme De L'Espace Ohada., Julien Coomlan Hounkpe

Julien C. Hounkpe

L’expérience enseigne que les pactes d’actionnaires sont le plus souvent méconnus ou insuffisamment utilisés dans les sociétés anonymes en Afrique. Or ces instruments conventionnels permettent de mettre en place un certain nombre de mécanismes qui s’avéreraient efficaces dans la prévention des conflits entre actionnaires dans l’espace OHADA.


Don’T Share This Item! Developing Digital Collections And Services In A Consumer‐Licensed World, William M. Cross, Darby Orcutt 2016 North Carolina State University Libraries

Don’T Share This Item! Developing Digital Collections And Services In A Consumer‐Licensed World, William M. Cross, Darby Orcutt

Charleston Library Conference

Libraries have always faced unique challenges in providing non‐academic content for academic use, but the digital age has brought particular problems of “one size fits all” consumer purchase models and vexing methods of digital rights management (DRM), wrapped up with a large bow of legal uncertainty for many institutions. These proceedings describe some practices for sharing consumer‐licensed popular materials and confronting legal and technical barriers, as well as what some libraries are considering and encountering in applying the law, fair use, user expectations, and common sense in developing collections and services around digital content that is geared directly ...


Digital Commons powered by bepress