Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Breach of contract (8)
- Contracts (8)
- Breach of Contract (2)
- Contract design (2)
- Acceptance (1)
-
- Accord and satisfaction (1)
- Assembly Committee on Judiciary (1)
- BDSM (1)
- Bad faith (1)
- Burden of proof (1)
- COVID-19 (1)
- California business and professions code (1)
- California commercial law (1)
- California labor code (1)
- Change of venue (1)
- Commercial arbitration Thailand (1)
- Complex systems theory (1)
- Concordant approach; termination of contract; (1)
- Consideration (1)
- Consumer rights (1)
- Contractors (1)
- Contractors licenses (1)
- Contractual reductionism (1)
- Copyright infringement (1)
- Covenant not to compete (1)
- Damages (1)
- Damages for Nonacceptance (1)
- Deeds Indonesia (1)
- Edwards v. arthur andersen llp (1)
- Effect of illegality (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 44
Full-Text Articles in Law
The Pleasure Of The Contract: Legal Role Play From Leopold Von Sacher-Masoch Through Noodles & Beef, Michael Angelo Tata
The Pleasure Of The Contract: Legal Role Play From Leopold Von Sacher-Masoch Through Noodles & Beef, Michael Angelo Tata
Golden Gate University Law Review
The recent article Nonbinding Bondage: Exploring the (Extra)legal Complexity of BDSM Contracts encapsulates the aesthetic legacy of the sex contract and its embodiment in what this Comment calls “legal role play,” or how individuals perform contractual play-acting for sexual gratification. In Part I, this Comment challenges Nonbinding Bondage’s historical arc, using this writing as a launchpad for a more extensive discussion of the sex contract’s aesthetic interpretation. Employing a vocabulary of parody, play and performance (all aesthetics terms), Nonbinding Bondage presents the most popular reading of subcultural BDSM contracts: that they mime aspects of traditional contracts to unearth truths about …
Contracts As Systems, Spencer Williams
Contracts As Systems, Spencer Williams
Publications
A contract is much more complex than its individual terms would suggest. Yet contract scholars have traditionally taken a reductionist approach to the study of contracts. According to "contractual reductionism," a contract can be understood through each of its constituent terms. Recent scholarship, however, has begun to challenge contractual reductionism's term-by-term view of contracts. Building on this work, this Article provides the first application of complex systems theory to contracts, arguing that a contract is a complex system that is greater than the sum of its terms. A complex system is composed of many components that interact in a nontrivial …
Law In The Time Of Covid-19: Legal Considerations Amidst A Growing Crisis, Justice Tecson
Law In The Time Of Covid-19: Legal Considerations Amidst A Growing Crisis, Justice Tecson
GGU Law Review Blog
COVID-19 has resulted in the destabilization of several aspects of human society, which may potentially cause an influx in litigation in certain practice areas such as employment, healthcare, and contract law. Although the legal effects of the pandemic have yet to be seen in their entirety, having knowledge of the potential legal issues better prepares individuals and businesses in dealing with this increased risk of litigation and could possibly help mitigate the circumstances caused by this viral, unprecedented attack on humanity.
Predictive Contracting, Spencer Williams
Predictive Contracting, Spencer Williams
Publications
This Article examines how contract drafters can use data on contract outcomes to inform contract design. Building on recent developments in contract data collection and analysis, the Article proposes “predictive contracting,” a new method of contracting in which contract drafters can design contracts using a technology system that helps predict the connections between contract terms and outcomes. Predictive contracting will be powered by machine learning and draw on contract data obtained from integrated contract management systems, natural language processing, and computable contracts. The Article makes both theoretical and practical contributions to the contracts literature. On a theoretical level, predictive contracting …
Pluralism Applied: A Concordant Approach To Selecting Contract Rules, Samuel Ernst
Pluralism Applied: A Concordant Approach To Selecting Contract Rules, Samuel Ernst
Publications
Contract rules can be justified by utilitarian theories (such as efficiency theory), which are concerned with promoting rules that enhance societal wealth and utility. Contract rules can also be justified by rights-based theories (such as promissory and reliance theories), which are concerned with protecting the contractual freedom and interests of the individual parties to the contract. Or, contract rules can be analyzed through the lenses of a host of other theories, including critical legal theory, bargain theory, and so on. Because no single, unitary theory can ever explain the complex body of laws and societal conventions surrounding contracts, the best …
Venture Capital Contract Design: An Empirical Analysis Of The Connection Between Bargaining Power And Venture Financing Contract Terms, Spencer Williams
Venture Capital Contract Design: An Empirical Analysis Of The Connection Between Bargaining Power And Venture Financing Contract Terms, Spencer Williams
Publications
This Article presents an empirical analysis of the connection between bargaining power and contract design using an original dataset of over 5,500 equity and debt venture financings from 2004–2015. Using the total supply of venture capital in the U.S. as a measure of relative bargaining power between entrepreneurs and investors, this Article finds that venture capital supply has a statistically significant relationship with price and non-price terms in both equity and debt financings. These results contradict one of three theoretical accounts of bargaining power and support the other two.
Injunction Junction: Microsoft V Motorola, Case No. 12-35352 (9th Cir. Sept. 28, 2012), Jeff Tye
Injunction Junction: Microsoft V Motorola, Case No. 12-35352 (9th Cir. Sept. 28, 2012), Jeff Tye
GGU Law Review Blog
No abstract provided.
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 …
Contracts, Claude D. Rowher
Contracts, Claude D. Rowher
Cal Law Trends and Developments
Recent decisions have brought about a number of changes in the area of contract interpretation. Although the general trends seem clear and commendable, the details are often obscure and bothersome.
Contracts, Robert G. Meiners
Contracts, William T. Laube
Contracts, William T. Laube
Cal Law Trends and Developments
In any given twelve-month reporting period there is, for some reason, a case emphasis on particular problems in each major classification of the law. The field of contracts is no exception. For the period covered by this volume, two basic contract problems float to the surface in the pool of reported appellate decisions. The first problem discussed, and illustrated by a number of recent cases, relates to the obligation to pay "more money" for merchandise or services than that provided for in the original contract. There are various background situations which activate the demand for "more money," but the most …
Commercial Transactions, Neil M. Levy
Commercial Transactions, Neil M. Levy
Cal Law Trends and Developments
The emphasis of this article reflects the degree to which commercial law today is statutory. Particularly in California, where the Uniform Commercial Code has only been in effect since January 1, 1965, few cases construing that statute reached the appellate courts during the year 1967. However, the state legislature in 1967 amended 25 sections of the California Commercial Code. Although these amendments cover a wide range of substantive problems, they can be viewed in the light of the policy of the code as enunciated in section 1102(2)(c), "[t]o make uniform the law among the various jurisdictions." In addition, one group …
Edwards V. Arthur Andersen Llp: There Is Not A "Narrow-Restraint" Exception To California's Prohibition Of Noncompetition Agreements, And A General Release May Not Mean What It Says, Bradford P. Anderson
Edwards V. Arthur Andersen Llp: There Is Not A "Narrow-Restraint" Exception To California's Prohibition Of Noncompetition Agreements, And A General Release May Not Mean What It Says, Bradford P. Anderson
Golden Gate University Law Review
On August 7, 2008, the California Supreme Court issued a vital enunciation of State Law in the decision of Edwards v. Arthur Andersen LLP. The court explicitly rejected the existence of any "narrow restraint" exception to California's prohibition against noncompetition agreements under California Business and Professions Code section 16600. The majority also stated that a general release "does not encompass nonwaivable statutory protections, such as the employee indemnity protection of [Labor Code section] 2802,'' even if the express language of the contract is all-encompassing. The Edwards Court's rejection of a "narrow-restraint" exception brings needed certainty to interpretation of Business and …
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 …
Defining Hospitality Entities In Contracts And Statutes: A Proactive And Preventative Approach, Andrea Bastian, Stephen Barth
Defining Hospitality Entities In Contracts And Statutes: A Proactive And Preventative Approach, Andrea Bastian, Stephen Barth
Golden Gate University Law Review
This Comment serves as a guide to contracting parties and legislative drafters to initially, in an accurate and descriptive manner, define the scope of the entity, and thus, avoid litigation. Additionally, the factors enumerated through permissive uses and restrictive covenants (such as a dancing or minimum stay requirement) if utilized, will enhance the enforceability of the statutes and contractual restrictive covenants.
A Pig In The Parlor: An Examination Of Legislation Directed At Obscenity And Indecency On The Internet, Andrew Spett
A Pig In The Parlor: An Examination Of Legislation Directed At Obscenity And Indecency On The Internet, Andrew Spett
Golden Gate University Law Review
The Internet, or ARPAnet, was originally developed by the U.S. Defense Department to support military research. As academics were invited to use the system, word of the system's research utility quickly spread. As the popularity of the computer increased, public consumer demand for access to the Internet increased. Consequently, the Internet quickly became a household word, no longer confined to government or academic circles. Currently, the Internet accommodates million users, and the numbers increase daily. In light of the expanse and growing importance of the Internet, this Comment will discuss the history and application of obscenity laws. This Comment will …
Contract Law, Suheil Joseph Totah
Contract Law, Suheil Joseph Totah
Golden Gate University Law Review
No abstract provided.
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.
Trends On The Harmonization Of Contract Law In Africa, Salvatore Mancuso
Trends On The Harmonization Of Contract Law In Africa, Salvatore Mancuso
Annual Survey of International & Comparative Law
Taking into consideration both the need for domestic legal reform in commercial matters and the importance of promoting harmonized commercial solutions for Africa, in this paper I first review the concept of legal harmonization in general and with particular reference to the situation in Africa. I then provide an overview of OHADA and COMESA, the two main initiatives of regional integration in Africa having implications in the harmonization of commercial law in general, and in the law of contract in particular. I conclude by affirming the interest of further exploring the possibilities related to the harmonization/uniformization of the law of …
A Study Of The Significant Aspects Of German Contract Law, Manfred Pieck
A Study Of The Significant Aspects Of German Contract Law, Manfred Pieck
Annual Survey of International & Comparative Law
No abstract provided.
Arbitration As An Alternative Means Of Settlement Of Disputes Arising Out Of Thailand's State Contracts Involving Foreign Direct Investments, Patcharang Chaiworamukkul
Arbitration As An Alternative Means Of Settlement Of Disputes Arising Out Of Thailand's State Contracts Involving Foreign Direct Investments, Patcharang Chaiworamukkul
Theses and Dissertations
This dissertation examines how the Office of the Attorney General of Thailand's mandates in reviewing state contracts might be improved in order to help enhance greater FDI flow toward Thailand. International arbitration would be stipulated within the "settlement of disputes" clause included in a state contract so as to assure and gain foreign investor's confidence. This dissertation has been conducted by examining all levels of relevant national legislation as well as international law, especially those international obligations that Thailand has entered into. Based upon such examination, there are at least two (2) problems and obstacles that make the application of …
Role Of An Indonesian Notary In The Making Of Deeds For Foreign Investment Corporations, Misahardi Wilamarta
Role Of An Indonesian Notary In The Making Of Deeds For Foreign Investment Corporations, Misahardi Wilamarta
Theses and Dissertations
.
Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester
Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester
Publications
This Article discusses whether, and to what extent, a broad-cast news employee may be bound by a contractual provision that purportedly relinquishes his right to contract subsequently for other employment. Specifically, this Article dis-cusses the applicable law of selected jurisdictions, critiques the rationale most often used in defending these covenants ("uniqueness of employee services"), reports the results of a survey regarding industry practices, and discusses the distinctions between legal enforceability and practical enforcement. Finally, this Article proposes changes in the law, including abandonment of the "unique services" rationale and adoption of specialized standards by which the validity of such contract …
Surrogate Patenting Contracts, Assembly Committee On Judiciary
Surrogate Patenting Contracts, Assembly Committee On Judiciary
California Assembly
The main purpose of today's hearing is to establish a record as it relates to this most significant and controversial issue. We intend to take a closer look at arrangements in which a woman agrees to bear a child for a who is physically incapable of having their own children. I am sure that you have heard about this extremely controversial arrangement and AB 3771, the bill to legitimize surrogate parent contracts. We hope the testimony at this hearing will he us to examine the legal, social, and ethical implications of these contracts.
Guerrieri V. Severini, Jesse W. Carter
Guerrieri V. Severini, Jesse W. Carter
Jesse Carter Opinions
Where seller repudiated a contract for goods, buyer had the right to treat the declaration as a wrongful renunciation of the contract and obtain similar goods to fulfill the obligation, then seek damages from the seller for the increased cost.
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.
Fox V. Aced [Dissent], Jesse W. Carter
Fox V. Aced [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although there had been a breach of a real property exchange agreement because of the failure of one party to deliver property to the other, the damages award was improper because the award was based in part on bad faith that was not shown.
Lewis & Queen V. N. M. Ball Sons [Dissent], Jesse W. Carter
Lewis & Queen V. N. M. Ball Sons [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where subcontractor undertook contracting work and only one of its partners had contracting license it was in violation of state licensing laws and because it did not have a license, it was not entitled to maintain an action for compensation.