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Articles 1 - 11 of 11
Full-Text Articles in Law
Beyond A Definition: Understanding The Nature Of Void And Voidable Contracts, Jesse A. Schaefer
Beyond A Definition: Understanding The Nature Of Void And Voidable Contracts, Jesse A. Schaefer
Campbell Law Review
This Comment will ... first briefly explore the historical development of the concept of voidness. Second, it will detail the rise of the formalist approach, and will provide some criticism of that approach. Third, it will introduce the legal underpinnings of the functionalist approach. Finally, it will attempt to pull back the layer of legal detritus that has developed on this topic to reveal a workable and practical approach to understanding contract invalidity.
Drafting Common Interest Community Documents: Minimalism In An Era Of Micromanagement, Patrick K. Hetrick
Drafting Common Interest Community Documents: Minimalism In An Era Of Micromanagement, Patrick K. Hetrick
Campbell Law Review
Part I of this Article suggests a minimalist approach to the drafting of documentation creating a common interest community. It assumes that the common interest community will be located in a jurisdiction that has passed some form of a comprehensive uniform act. Part II then analyzes the issue of "promises" (covenants, restrictions, and rules) and addresses issues that include the unfortunate contemporary trend toward micromanagement of communities. It goes on to suggest that a legislative and judicial reaction to private community governance is developing. Part III of this Article explains why existing consumer protection devices are little more than mirages …
Who's Afraid Of The Cisg? Why North Carolina Practitioners Should Learn A Thing Or Two About The 1980 United Nations Convention On The Contracts For The International Sale Of Goods, Alicia Jurney Whitlock, Boris S. Abbey
Who's Afraid Of The Cisg? Why North Carolina Practitioners Should Learn A Thing Or Two About The 1980 United Nations Convention On The Contracts For The International Sale Of Goods, Alicia Jurney Whitlock, Boris S. Abbey
Campbell Law Review
Part I of this article will discuss the history and purpose of the CISG. Part II will consider the applicability of the CISG to international commercial contracts where one contracting party is from the United States. Part III will discuss some notable differences between the CISG and North Carolina law. Finally, Part IV will consider situations in which the CISG may better serve the interests of parties to a contract for the international sale of goods than the U.C.C. or North Carolina common law.
"It Is Much Easier To Find Fault With Others, Than To Be Faultless Ourselves": Contributory Negligence As A Bar To A Claim For Breach Of The Implied Warranty Of Merchantability, William B. L. Little
"It Is Much Easier To Find Fault With Others, Than To Be Faultless Ourselves": Contributory Negligence As A Bar To A Claim For Breach Of The Implied Warranty Of Merchantability, William B. L. Little
Campbell Law Review
To better understand the policy underpinnings of the statutory bar of certain implied warranty merchantability claims, this Article first reviews the origins and the continued vibrancy of the doctrine of contributory negligence in North Carolina. The doctrine is then examined in the context of North Carolina's enactment of the Products Liability Act and the doctrine's applicability to the implied warranty of merchantability.
A Primer On Electronic Contracting And Transactions In North Carolina, Richard A. Lord
A Primer On Electronic Contracting And Transactions In North Carolina, Richard A. Lord
Campbell Law Review
No abstract provided.
Parol Modification And The Statute Of Frauds: Fitting The Pieces Together Under The Uniform Commercial Code, Jeanette K. Brooks
Parol Modification And The Statute Of Frauds: Fitting The Pieces Together Under The Uniform Commercial Code, Jeanette K. Brooks
Campbell Law Review
This comment explores, respectively, the history and purpose of the statute of frauds, the requirement of the Code's statute of frauds, the distinctions between sections 2-209(2) and 2-209(3), the faults in the majority application of section 2-209(3), the proposed application of section 2-209(3), and the benefits of the submitted application of section 2-209.
Contract Warranties And Remedies: A Comprehensive Survey Of The Creation, Modification And Exclusion Of Contract Warranties And Remedies For Attorneys And Contracting Professionals, Joseph J. Corey Jr.
Contract Warranties And Remedies: A Comprehensive Survey Of The Creation, Modification And Exclusion Of Contract Warranties And Remedies For Attorneys And Contracting Professionals, Joseph J. Corey Jr.
Campbell Law Review
This article discusses the types of warranties and remedies that are available by contract and by operation of the law. It also discusses how these warranties and remedies can be limited, waived, and excluded by contract language, actions of the parties, and operation of the law.
Contracts: Is Promissory Estoppel Forever Estopped In North Carolina - Home Electric Co. Of Lenoir, Inc. V. Hall & (And) Underdown Heating & (And) Air Conditioning Co., Lu Ann Brown
Campbell Law Review
This Note questions the North Carolina Court of Appeals decision in Home Electric Co. of Lenoir, Inc. v. Hall & Underdown Heating & Air Conditioning Co. This Note discusses sections 90 and 87(2) of the Restatement (Second) of Contracts and their corresponding comments and illustrations; the North Carolina Supreme Court decision in Wachovia Bank and Trust v. Rubish; and the rationale of the Fourth Circuit Court of Appeals in Allen M. Campbell Co. v. Virginia Metal Industries, which allowed the affirmative use of the promissory estoppel doctrine in a construction bidding case. This Note also examines the majority …
Unfair And Deceptive Legislation: The Case For Finding North Carolina General Statutes Section 75-1.1 Unconstitutionally Vague As Applied To An Alleged Breach Of A Commercial Contract, Thomas A. Farr
Campbell Law Review
The North Carolina General Assembly enacted the Unfair and Deceptive Trade Practices Act in 1969. The original purpose of the act was to protect consumers from predatory business practices. Nonetheless, the North Carolina Supreme Court has sanctioned an expanded application of the act to cases involving sophisticated commercial parties. This article will attempt to demonstrate that it is poor public policy to apply section 75-1.1 to cases based upon an alleged breach of a commercial contract and that in at least those instances section 75-1.1 is unconstitutionally vague.
Offer To Purchase And Contract: Buyer Beware, Lisa Ann Finger
Offer To Purchase And Contract: Buyer Beware, Lisa Ann Finger
Campbell Law Review
The purpose of this comment is to closely examine the current "Offer to Purchase and Contract" in the context of a typical real estate transaction, to evaluate its important provisions, to determine whether any of its provisions are inequitable, and if so, how these inequitable provisions could be reformed. This comment will also cover applicable North Carolina law and discuss how the form should be completed to comply with the applicable law to avoid later confusion and litigation. The first section of this comment will examine the front side of the form; it will explain how to properly complete the …
Contract Law - Fixed Price Option Vs. Right Of First Refusal: Construction Of A Dual Option Lease - Texaco, Inc. V. Creel, Mark Scruggs
Contract Law - Fixed Price Option Vs. Right Of First Refusal: Construction Of A Dual Option Lease - Texaco, Inc. V. Creel, Mark Scruggs
Campbell Law Review
This note focuses on the proper interpretation of what has been referred to as a dual option lease; that is, a lease containing both an option to purchase at a fixed price and a right of first refusal. The issue is the relationship between the fixed price option and the right of first refusal. Does the lessee's failure to exercise the right of first refusal extinguish his rights under the fixed price option, effectively forcing him to meet any bona fide third party offer or risk the loss of his investment? Or, are the two provisions independent of each other; …