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Full-Text Articles in Law
On Collaboration, Organizations, And Conciliation In The General Theory Of Contract, Ethan J. Leib
On Collaboration, Organizations, And Conciliation In The General Theory Of Contract, Ethan J. Leib
Faculty Scholarship
Daniel Markovits's Contract and Collaboration is a thought-provoking and ground-breaking inquiry into the ethics of contract. It argues that the philosophical foundation of contract may be found in what Markovits calls the collaborative view: a principle of forming respectful communities of collaboration where contractors treat each other as ends in themselves and refrain from treating each other as mere instrumentalities. Markovits acknowledges that there are three prototypical forms of contracts: (1) person-to-person; (2) person-to-organization; and (3) organization-to-organization. He is refreshingly honest in arguing that his theory of contract only addresses Type (1) contracts. I wish to argue here that this …
Automobile Leasing And The Vicarious Liability Of Lessors, Daniel J. Koevary
Automobile Leasing And The Vicarious Liability Of Lessors, Daniel J. Koevary
Fordham Urban Law Journal
The Comment begins by discussing the New York Vehicle and Traffic Law Section 388, which makes lessors vicariously liable for their cars even when they are begin leased by others, and how this led many car companies in New York to stop offering leases in the 1920's, the Comment will recommends that Section 388 be amended to exclude lessors from vicarious liability. The Comment then goes through the history of Section 388, explains what leasing is and why it is popular, looks at the recent impact of Section 388 which includes several companies have stopped leasing in New York, looks …