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Articles 1 - 26 of 26
Full-Text Articles in Law
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.
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.
Desny V. Wilder [Dissent], Jesse W. Carter
Desny V. Wilder [Dissent], Jesse W. Carter
Jesse Carter Opinions
Corporate secretary's demand that free-lance writers submit synopsis of proposed photoplay was a corporate act, and thus an implied-in-fact contract could arise during secretary/writer's telephonic conversation.
Oosten V. Hay Haulers Dairy Employees & Helpers Union, Jesse W. Carter
Oosten V. Hay Haulers Dairy Employees & Helpers Union, Jesse W. Carter
Jesse Carter Opinions
A creamery whose employees refused to accept milk provided under contract by a milk producer, who signed with a different union, was liable for breach of contract and damages to cover the lower price the milk producer subsequently received elsewhere.
Budget Finance Plan V. Sav-On Food Club, Inc. [Dissent], Jesse W. Carter
Budget Finance Plan V. Sav-On Food Club, Inc. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Assignor's liability on contract was direct where assignor had agreed that, on default of buyer, suit could have been brought against it independent of whether assignee sued buyer and independent of whether assignee repossessed a freezer.
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.
Oliver V. Campbell, Jesse W. Carter
Oliver V. Campbell, Jesse W. Carter
Jesse Carter Opinions
Since appellant had completed performance prior to discharge by the decedent, he was entitled to recover compensation in the amount called for in the written contract still owed to him by decedent for performance rendered.
Dawson V. Goff, Jesse W. Carter
Dawson V. Goff, Jesse W. Carter
Jesse Carter Opinions
Change of venue was appropriate in breach of contract action where transferee county was where contract was made and where defendant purchasers resided; binding option contract was made in county where executed, not in county where accepted.
Chastain V. Belmont, Jesse W. Carter
Chastain V. Belmont, Jesse W. Carter
Jesse Carter Opinions
There was insufficient evidence to support the finding that a purchase and sale contract between an orange grower and a shipper extended a guarantee of a certain amount per box to the next years crop of oranges.
Weitzenkorn V. Lesser [Dissent], Jesse W. Carter
Weitzenkorn V. Lesser [Dissent], Jesse W. Carter
Jesse Carter Opinions
In action for misappropriation of plaintiff's literary composition through the production of a movie by defendants, the court upheld the demurrers on a count based upon express contract and on a implied in fact contract.
Better Food Markets, Inc. V. American Dist. Tel. Co. [Dissent], Jesse W. Carter
Better Food Markets, Inc. V. American Dist. Tel. Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Because parties reasonably agreed that in all cases of breach of a contract by respondent the damages would be fixed and that such compensation was a fair average, the contract's liquidation clause was valid under the circumstances.
Atkinson V. Pacific Fire Extinguisher Co. [Dissent], Jesse W. Carter
Atkinson V. Pacific Fire Extinguisher Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Liquidated damages provision in lease agreement covering alarm company's installation and maintenance of a fire detection system in a business, which limited alarm company's liability for breach of contact to $ 25, was valid and enforceable.
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.
Culver City V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Culver City V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Jesse Carter Opinions
When city violated injunction which required it to contribute to the costs of new sewage facilities, city's inability to agree to a contract with the sewage treatment provider was not a reasonable excuse, and city and its council were in contempt.
Potter V. Pacific Coast Lumber Co. [Dissent], Jesse W. Carter
Potter V. Pacific Coast Lumber Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where a seller of lumber cashed checks that were expressly labeled as having been in full settlement of disputed accounts due from the purchaser, an accord and satisfaction occurred, and the seller was estopped to deny the effect of his actions.