Law Commons^™

El Objeto Del Negocio Jurídico En Una Reciente Sentencia En Casación: Notas Sobre Un Confuso Concepto., Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan

Deepa Varadarajan

What is the role of contract law in remedying breach? The question of the appropriate legal remedy, specific performance versus money damages, has provided adequate fodder for three decades of debate in the law and economics discourse. In the legal discipline at large, the topic has spurred centuries of debate, as illustrated by Oliver Wendell Holmes's famous line: “The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.” Holmes's approach to contractual remedy would evolve during the latter half of the twentieth century …

Legal Entities As Transferable Bundles Of Contracts, Kenneth Ayotte, Henry Hansmann

Kenneth Ayotte

The large, modern business corporation is frequently organized as a complex cluster of hundreds of corporate subsidiaries under the common control of a single corporate parent. Our Article provides new theory and supportive evidence to help explain this structure. We focus, in particular on the advantages of subsidiary entities in providing the option to transfer some or all of the firm's contractual rights and obligations in the future. The theory not only sheds light on corporate subsidiaries but also illuminates a basic function of all types of legal entities, from partnerships to nonprofit corporations. We show that when, as is …

Killing Conscience: The Unintended Behavioral Consequences Of "Pay For Performance", Lynn A. Stout

Lynn A. Stout

Contemporary lawmakers and reformers often argue that ex ante incentive contracts providing for large material rewards are the best and possibly only way to motivate corporate executives and other employees to serve their firms' interests. This Article offers a critique of the "pay for performance" approach. In particular, it explores why, for a variety of mutually reinforcing reasons, workplaces that rely on ex ante incentive contracts suppress unselfish prosocial behavior (conscience) and promote selfishness and opportunism. The end result may not be more efficient, but more uncooperative, unethical, and illegal employee behavior.

Avoiding The Recharacterization Of Certain Deed-In-Lieu-Of-Foreclosure Transactions: Ensuring That What You Draft Is What You Get, 110 Banking L.J. 330 (1993), Debra Stark

Debra Pogrund Stark

No abstract provided.

A Psychological Investigation Of Consumer Vulnerability To Fraud: Legal And Policy Implication, 35 Law & Psychol. Rev. 61 (2011), Jessica M. Choplin, Debra Pogrund Stark, Jasmine N. Ahmad

Debra Pogrund Stark

No abstract provided.

Prepayment Charges In Jeopardy: The Unhappy And Uncertain Legacy Of In Re Skyler Ridge, 24 Real Prop. Prob. & Tr. J. 191 (1989), Debra Stark

Debra Pogrund Stark

No abstract provided.

Navigating Residential Attorney Approvals: Finding A Better Judicial North Star, 39 J. Marshall L. Rev. 171 (2006), Debra Pogrund Stark

Debra Pogrund Stark

No abstract provided.

A License To Deceive: Enforcing Contractual Myths Despite Consumer Psychological Realities, 5 N.Y.U. J. L. & Bus. 617 (2009), Debra Pogrund Stark, Jessica M. Choplin

Debra Pogrund Stark

No abstract provided.

Consumer Protection Initiatives In The Eu Mortgage Market: A Behavioral Economics Based Critique And Proposal, 25 Temp. Int'l & Comp. L.J. 1 (2011), Debra Pogrund Stark, Jessica M. Choplin

Debra Pogrund Stark

No abstract provided.

New Developments In Enforcing Prepayment Charges After Acceleration Of A Mortgage Loan, 26 Real Prop. Prob. & Tr. J. 213 (1991), Debra Stark

Debra Pogrund Stark

No abstract provided.

Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery

Debra Pogrund Stark

While many courts refuse to strike down these clauses under the unconscionability test, this Article argues that the results from the Remedies Experiment should lead courts to adopt a different set of tests for ruling on the enforceability of limitation-of-remedy clauses in home purchase contracts. Part I of this Article highlights the relevant results from two empirical studies Professor Stark conducted regarding major problems with the fairness of purchase agreement forms used by residential real estate developers in Illinois. Part I also discusses the lack of home purchaser understanding of key relevant laws and legal documents examined in an empirical …

Enforcing Prepayment Charges: Case Law And Drafting Suggestions, 22 Real Prop. Prob. & Tr. J. 549 (1987), Debra Stark

Debra Pogrund Stark

No abstract provided.

The (Pre) (As) Sumed "Consent" Of Commercial Binding Arbitration Contracts: An Empirical Study Of Attitudes And Expectations Of Transactional Lawyers, 36 J. Marshall L. Rev. 589 (2003), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.

The Global Subprime Crisis As Explained By The Contrast Between American Contracts Law And Civil Law Countries' Laws, Practices And Expectations In Real Estate Transactions: How The Lack Of Informed Consent And The Absence Of The Civil Law Notary In The United States Contribute To The Global Crisis In Subprime Mortgage Investments, 11 J. Int'l Bus. & L. 133 (2012), Celeste M. Hammond, Ilaria Landini

Celeste M. Hammond

No abstract provided.

Charles Evans Hughes And The Blaisdell Decision: A Historical Study Of Contract Clause Jurisprudence, 72 Or. L. Rev. 513 (1993), Samuel R. Olken

Samuel R. Olken

No abstract provided.

Contrato, Operación Económica Y Equilibrio Contractual, Carlos Tamani

Carlos Tamani

Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross

Karen Halverson Cross

This article examines how courts are allocating jurisdictional questions relating to unconscionability to the arbitrator, and assesses the approach of U.S. courts to this issue from a historical and comparative perspective. The U.S. allocation rule is evolving toward one of deference to the arbitrator, allowing the arbitrator to make an initial determination of whether there is an enforceable agreement to arbitrate. As a matter of timing, the U.S. approach is becoming more similar to that of France. Such an approach, especially in the commercial sphere, has the potential to be relatively efficient and consistent. But in the context of mandatory …

Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross

Karen Halverson Cross

The CISG has been described as one of history 's most successful attempts to harmonize international commercial law. Consistent with its goal of harmonizing the law of international sales, Article 7(1) of the CISG instructs courts and arbitrators to interpret the Convention in light of "its international character and the need to promote uniformity in its application. " MCC-Marble v. Ceramica Nuova D'Agostina is a U.S. decision that has been praised for its adherence to Article 7(1). In contrast with conventional academic commentary, which praises MCC-Marble and criticizes the tendency of courts to interpret the CISG in light of their …

Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein

Wendy Netter Epstein

The market for public-private contracting is huge and flawed. Public-private contracts for services such as prisons and welfare administration tend to result in cost savings at the sacrifice of quality service. For instance, to cut costs, private prisons skimp on security. Public law scholars have studied these problems for decades and have proposed various public law solutions. But the literature is incomplete because it does not approach the problem through a commercial lens. This Article fills that gap. It considers how economic analysis of contract law, in particular efficiency theory and agency theory, bear upon the unique problems of public-private …

The Moral Plausibility Of Contract: Using The Covenant Of Good Faith To Prevent Resident Physician Fatigue-Related Medical Errors, 48 U. Louisville L. Rev. 265 (2009), Samuel Vincent Jones

Samuel V. Jones

No abstract provided.

Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, 59 Clev. St. L. Rev. 693 (2011), Julie M. Spanbauer

Julie M. Spanbauer

The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a "madam" sold a house used for prostitution to another "madam." The opinion is the last in a long line of cases which speak specifically to the issue of enforcement of facially legitimate contracts that in some manner involve or are related to prostitution. It is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law of …

Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, Julie M. Spanbauer

Julie M. Spanbauer

The Supreme Court of Montana's, three-page opinion in Carroll v. Beardon is a treasure for those who teach first-year law students. Its deceptive simplicity is a lesson in close reading. It provides scholars and teachers endless opportunities to explore the cultural context within which courts operate and construct case narratives. Its humorous tone additionally belies a serious failure by the court to provide a fair and impartial resolution of the parties' dispute and to create useful precedent for future courts and litigants. The decision and its implications remain relevant and merit consideration by scholars exploring the intersection of contract and …

Mapping Contracts, Suzanne Darrow Kleinhaus, Sidney Kwestel

Suzanne Darrow Kleinhaus

This book combines the substance of the doctrinal law with the process for learning, by providing the frameworks essential to legal analysis and connecting those frameworks to the cases from which they come. This book is keyed to the Farnsworth Contracts casebook and contains case summaries which provide the relevant facts, holding, and reasoning for every case in the casebook. It makes the learning process visible by showing how the rules from cases are synthesized to build a conceptual framework for each legal principle. Finally, the "Framework for Analysis" sections provide a blueprint for students to follow in preparing course …

Mapping Contracts, Suzanne Darrow Kleinhaus, Sidney Kwestel

Sidney Kwestel

This book combines the substance of the doctrinal law with the process for learning, by providing the frameworks essential to legal analysis and connecting those frameworks to the cases from which they come. This book is keyed to the Farnsworth Contracts casebook and contains case summaries which provide the relevant facts, holding, and reasoning for every case in the casebook. It makes the learning process visible by showing how the rules from cases are synthesized to build a conceptual framework for each legal principle. Finally, the "Framework for Analysis" sections provide a blueprint for students to follow in preparing course …

La Tutela De Los Acreedores Frente A La Escisión Societaria, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

No abstract provided.

2 + 2 = 5 El Error De Cálculo Y Error De Cantidad En El Negocio Jurídico, Marco Andrei Torres Maldonado, Enrique Varsi Rospigliosi

Marco Andrei Torres Maldonado

No abstract provided.

La Metamorfosis Incoherente (¿E Inconstitucional?) Del Principio De Fe Pública Registral, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.

Contract Law: Selected Source Materials Annotated, 2013 Ed., Steven Burton, Melvin Eisenberg

Melvin A. Eisenberg

No abstract provided.

Contract Law: Selected Source Materials Annotated, 2011 Ed., Steven Burton, Melvin Eisenberg

Melvin A. Eisenberg

No abstract provided.