Open Access. Powered by Scholars. Published by Universities.®
- File Type
Articles 1 - 6 of 6
Full-Text Articles in Law
The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Karolina Mik
The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Karolina Mik
Eliza Mik
The ‘traditional’ classi?cation into ‘instantaneous’ and ‘non-instantaneous’ methods of communication must be abandoned. As all Internet transmissions are instantaneous, the choice between the principle of receipt and the postal exception must be based on other criteria. The focus must be shifted from communication devices to the characteristics of the communication process. The latter resembles either dealings face-to-face or dealings at a distance. This simple division should remain the basis for all analyses. Instantaneity and control are two of many characteristics of face-to-face dealings and are not the only factors to be taken into account when making the choice between the …
Strategic Default: The Popularization Of A Debate Among Contract Scholars, Meredith R. Miller
Strategic Default: The Popularization Of A Debate Among Contract Scholars, Meredith R. Miller
Meredith R. Miller
A June 2010 report estimates that roughly 20% of mortgage defaults in the first half of 2009 were “strategic.” “Strategic default” describes the situation where a home borrower has the financial ability to continue to pay her mortgage but chooses not to pay and walks away. The ubiquity of strategic default has lead to innumerable newspaper articles, blog posts, website comments and editorial musings on the morality of homeowners who can afford to pay but choose, instead, to walk away. This Article centers on the current public discourse concerning strategic default, which mirrors a continuing debate among scholars regarding whether …
Updating The Electronic Transactions Act? Australia's Accession To The Un Convention On The Use Of Electronic Communications In International Contracts 2005, Eliza Karolina Mik
Updating The Electronic Transactions Act? Australia's Accession To The Un Convention On The Use Of Electronic Communications In International Contracts 2005, Eliza Karolina Mik
Eliza Mik
This article discusses the Australian Government’s proposal to accede to the United Nations Convention on the Use of Electronic Communications in International Contracts as well as certain amendments to existing Australian electronic transactions legislation, i.e. the Electronic Transactions Act (Commonwealth) 1999 (”ETA”) and its state equivalents. Without going into a detailed discussion of all suggested amendments, this article focuses on those recommendations, which affect the area of contract formation, in particular: the use of automated systems in on-line transactions and the determination of the time the contract comes into existence. A critical review of the proposed changes reveals that their …
Preface To The Gateway Thread, Deborah W. Post
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah W. Post
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah W. Post
Deborah W. Post
No abstract provided.
The Slings And Arrows Of Outrageous Fortune: Can You 'Lose' The Lottery But Still Win?, Mary J. Shariff, Darcy L. Macpherson
The Slings And Arrows Of Outrageous Fortune: Can You 'Lose' The Lottery But Still Win?, Mary J. Shariff, Darcy L. Macpherson
Mary J. Shariff
This article discusses potential legal arguments that can be made for a lottery player in a seemingly hopeless situation: buying a winning lottery ticket immediately before the deadline, only to find out that the ticket was mistakenly dated for the next week’s draw. Although the lottery rules and regulations and the courts’ interpretation thereof are strongly slanted against lottery players, the authors nevertheless argue that a consistent and coherent application of traditional contact law principles could favor the claimant. They note that Canadian courts have rarely been consistent in their application of contract law to lottery situations, with courts sometimes …