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Full-Text Articles in Law
Benay V. Warner Bros. Entertainment, Inc.: New Standard Needed For Determining Actual Use, Brian Casido
Benay V. Warner Bros. Entertainment, Inc.: New Standard Needed For Determining Actual Use, Brian Casido
Golden Gate University Law Review
This Note examines Benay v. Warner Bros. Entertainment, Inc., and the substantial-similarity standard under a California breach of an implied-in-fact contract claim and a federal copyright infringement claim. The standard used in Benay will hinder the free flow of ideas by deterring producers from accepting an author’s screenplay for fear of breaching an implied-in-fact contract. Part I of this Note summarizes the history and development of the protection of rights to creative works. Part II provides the facts and procedural history of Benay v. Warner Bros. Entertainment, Inc. Part III analyzes and criticizes the Ninth Circuit’s holding in Benay …
Challenging Adhesion Contracts In California: A Consumer's Guide, Sierra David Sterkin
Challenging Adhesion Contracts In California: A Consumer's Guide, Sierra David Sterkin
Golden Gate University Law Review
This Comment explores the California scheme for dealing with adhesion contracts, and proposes a change to the existing legal structure. Part I describes how California courts define adhesion contracts, examines the theories California courts have adopted to allow consumers to challenge adhesion contracts, and considers how jurisdictions outside California handle adhesion contracts. Part II focuses on when California courts will consider a contract adhesive and unenforceable. Part III compares California's system of dealing with adhesion contracts with systems established in jurisdictions outside California in order to determine whether there is truly any substantive difference. Part IV suggests changes to improve …
Seaman's Direct Buying Service, Inc. V. Standard Oil Co.: Scaling The Stonewall Tort, Alisa J. Kim
Seaman's Direct Buying Service, Inc. V. Standard Oil Co.: Scaling The Stonewall Tort, Alisa J. Kim
Golden Gate University Law Review
In Seaman's Direct Buying Service, Inc. v. Standard Oil CO., the California Supreme Court affirmed its position that an insurance carrier may risk tort liability for breach of the implied covenant of good faith and fair dealing in addition to contract damages. Moreover, Seaman's enabled the court to explore such liability in the context of an ordinary commercial contract in which "parties of roughly equal bargaining power are free to shape the contours of their agreement." The Seaman's majority deemed it unnecessary to find tort liability on the breach of the implied covenant issue. Instead the court created a more …
Wolf And Wilhelmina: Giving Entertainers A License To Breach Their Contracts, Mark Conrad
Wolf And Wilhelmina: Giving Entertainers A License To Breach Their Contracts, Mark Conrad
Golden Gate University Law Review
Parts I and II of this article will discuss the Wolf and Wilhelmina cases. Part III will describe the equitable contract remedies of specific performance and injunctions for breach of a personal services contract. Part IV will discuss a proposed new standard to permit the award of special damages that may provide a more effective remedy for future breaches of contract.
West Covina Enterprises, Inc. V. Chalmers [Dissent], Jesse W. Carter
West Covina Enterprises, Inc. V. Chalmers [Dissent], Jesse W. Carter
Jesse Carter Opinions
An architect was entitled to repudiate a contract to render services in connection with the hospital corporation's construction of an addition because California law required that architects who provided plans for hospitals be licensed by the state.
Gelhaus V. Nevada Irrigation Dist. [Dissent], Jesse W. Carter
Gelhaus V. Nevada Irrigation Dist. [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a breach of contract action, fish hatchery owners were not entitled to recover for the loss of fish from an irrigation district as the contract to supply water provided the fish hatchery owners could not use the water for non-irrigation purposes.
Franck V. J. J. Sugarman-Rudolph Co., Jesse W. Carter
Franck V. J. J. Sugarman-Rudolph Co., Jesse W. Carter
Jesse Carter Opinions
Claims by buyers who waited over three years to assert their damage claims for the alleged breach of a contract guarantee were time barred because the claimed breach was not made within a reasonable amount of time.
L. B. Laboratories, Inc. V. Mitchell, Jesse W. Carter
L. B. Laboratories, Inc. V. Mitchell, Jesse W. Carter
Jesse Carter Opinions
An accountant's failure to file income tax returns in a timely manner was actionable as a breach of contract, not solely as negligence, and the client did not have to present expert evidence as to professional standards to prove untimely filing.