Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Contracts

Journal

1984

Institution
Keyword
Publication

Articles 1 - 20 of 20

Full-Text Articles in Law

The Efficiency Of Specific Performance: Toward A Unified Theory Of Contract Remedies, Thomas S. Ulen Nov 1984

The Efficiency Of Specific Performance: Toward A Unified Theory Of Contract Remedies, Thomas S. Ulen

Michigan Law Review

The purpose of this essay is to begin the development of an integrated theory of contract remedies by delineating the circumstances under which courts should simply enforce a stipulated remedy clause or grant relief to the innocent party in the form of damages or specific performance. The conclusion, in brief, is that in the absence of stipulated remedies in the contract that survive scrutiny on the usual formation defenses, specific performance is more likely than any form of money damages to achieve efficiency in the exchange and breach of reciprocal promises. If specific performance is the routine remedy for breach, …


Time Sharing: The North Carolina General Assembly's Response To Ownership Of Time Share Contracts, Stephen T. Gheen Oct 1984

Time Sharing: The North Carolina General Assembly's Response To Ownership Of Time Share Contracts, Stephen T. Gheen

North Carolina Central Law Review

No abstract provided.


A Critique Of The Promise Model Of Contract, Wallace K. Lightsey Oct 1984

A Critique Of The Promise Model Of Contract, Wallace K. Lightsey

William & Mary Law Review

No abstract provided.


Twenty Years After: Reflections On The Uniform Commercial Code In Arkansas—Articles 3 And 4, Arthur G. Murphey Jr. Jul 1984

Twenty Years After: Reflections On The Uniform Commercial Code In Arkansas—Articles 3 And 4, Arthur G. Murphey Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney Jul 1984

The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney

Washington Law Review

Courts have consistently held that Article 2 of the Uniform Commercial Code (U.C.C.) governs transactions involving computer hardware. Treatment of computer software transactions has been less consistent. This Comment contends that computer software, an intangible, is not within the scope of Article 2. It further contends that the warranty of merchantability cannot meaningfully be applied by analogy in computer software contracts. Finally, this Comment concludes that existing tort and contract causes of action provide software users with sufficient protection.


Contract Mining Agreements--The Contract Miner's Perspective, Henry Mcc. Ingram, John H. Lawrence Jr. Apr 1984

Contract Mining Agreements--The Contract Miner's Perspective, Henry Mcc. Ingram, John H. Lawrence Jr.

West Virginia Law Review

No abstract provided.


Drafting A Contract Mining Agreement--The Owner's Perspective, Charles Q. Gage Apr 1984

Drafting A Contract Mining Agreement--The Owner's Perspective, Charles Q. Gage

West Virginia Law Review

No abstract provided.


The Promise Of The Future--And Vice Versa: Some Reflections On The Metamorphosis Of Contract Law, Charles L. Knapp Feb 1984

The Promise Of The Future--And Vice Versa: Some Reflections On The Metamorphosis Of Contract Law, Charles L. Knapp

Michigan Law Review

A Review of Contracts by E. Allan Farnsworth


Contract Formation Under The United Nations Convention On Contracts For The International Sale Of Goods And The Uniform Commercial Code, James Edward Joseph Jan 1984

Contract Formation Under The United Nations Convention On Contracts For The International Sale Of Goods And The Uniform Commercial Code, James Edward Joseph

Penn State International Law Review

The United Nations Convention on Contracts for the International Sale of Goods aspires to the role of a transcendent uniform law. In order to lend uniformity to international sales law, the Convention must reduce the necessity of resorting to domestic conflict rules to determine applicable law, and it must reduce forum shopping. The second section of this Comment is a brief history of the effort to unify international sales law. The third section is concerned with uniformity. The applicability of the Convention with regard to both forum shopping and reliance on domestic conflict rules will be discussed. Ratification procedures are …


Negligent Performance Of Service Contracts And The Economic Loss Doctrine, 17 J. Marshall L. Rev. 249 (1984), Timothy L. Bertschy Jan 1984

Negligent Performance Of Service Contracts And The Economic Loss Doctrine, 17 J. Marshall L. Rev. 249 (1984), Timothy L. Bertschy

UIC Law Review

No abstract provided.


Dobosz V. State Farm Fire & (And) Casualty Co.: Representations In Insurance Advertising Brochure As Part Of The Insurance Contract, 17 J. Marshall L. Rev. 969 (1984), Michael Lowe Jan 1984

Dobosz V. State Farm Fire & (And) Casualty Co.: Representations In Insurance Advertising Brochure As Part Of The Insurance Contract, 17 J. Marshall L. Rev. 969 (1984), Michael Lowe

UIC Law Review

No abstract provided.


Greenwood Shopping Plaza Ltd. V. Beattie And Pettipas: Life Masquerading As A Contract Case, C. M. Arymowicz Jan 1984

Greenwood Shopping Plaza Ltd. V. Beattie And Pettipas: Life Masquerading As A Contract Case, C. M. Arymowicz

Dalhousie Law Journal

The Supreme Court of Canada held that the defendants in Greenwood Shopping Plaza Ltd. v. Beattie and Pettipas1 could not claim any benefit from a contract because they were third party beneficiaries thereto. Restated, the Court permitted the insurer of a building to reach through the landlord and the tenant, and recoup itself by saddling the tenant's employees with liability for negligently performing their jobs although it could sue neither landlord nor tenant. This result is so unpalatable to both business and labour that it will be avoided, and insurers will acquiesce. In this note I will, (a) by way …


Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger Jan 1984

Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger

Seattle University Law Review

The Washington Supreme Court erred in Chemical Bank by misapplying the distinctions between primary and secondary ultra vires that it had articulated in Edwards v. City of Renton and reaffirmed in Noel. In the interest of consistent, fair, and logical results, the court will ultimately need to retreat from the very technical interpretation of primary ultra vires that it applied in Chemical Bank. Otherwise, the court may find itself splitting hairs over the exact scope of enabling legislation when the statutes and subsequent legislative acts manifest approval of the actions taken.


Twisting Slowly, Slowly In The Wind: The Effect Of Delay On A Surety's Obligations In Virginia, Michael J. Herbert Jan 1984

Twisting Slowly, Slowly In The Wind: The Effect Of Delay On A Surety's Obligations In Virginia, Michael J. Herbert

University of Richmond Law Review

It is a commonplace among lawyers that the surety, especially the uncompensated surety, is a favorite of the law whose obligations are strictly construed, and with whose sacred rights no designing creditor dare tamper with impunity. In fact, a more reliable maxim might be that "the [surety's] lot is not a happy one." While at common law any change in the obligation of the principal to the creditor discharges the surety, this rule, in many respects, is quite meaningless; and, even where meaningful, easily circumvented. The consent of the surety to a change in the obligation generally precludes discharge, even …


Visitation Beyond The Traditional Limitations, Michael J. Lewinsky Jan 1984

Visitation Beyond The Traditional Limitations, Michael J. Lewinsky

Indiana Law Journal

No abstract provided.


Book Review, I. I. Kavass Jan 1984

Book Review, I. I. Kavass

Vanderbilt Journal of Transnational Law

The legal aspects of international contracts for the sale of goods are intrinsically complex. First, the negotiation and performance of international contracts must frequently be conducted at a distance and with the assistance of many intermediaries. The rights and obligations of parties to an international sale are usually more manifold than those of a purely domestic sales transaction, and the effect and scope of these international rights and obligations must be determined by sophisticated mercantile rules which are not present in all legal systems. Second, because an international sales transaction extends beyond the boundaries of one country, it is invariably …


Conflicts Of Interest In The Insurer's Duty To Defend In Illinois, 17 J. Marshall L. Rev. 379 (1984), John Dwight Ingram Jan 1984

Conflicts Of Interest In The Insurer's Duty To Defend In Illinois, 17 J. Marshall L. Rev. 379 (1984), John Dwight Ingram

UIC Law Review

No abstract provided.


The Reconstruction Of Insurance Contracts Under The Doctrine Of Reasonable Expectations, 18 J. Marshall L. Rev. 155 (1984), Scott B. Krider Jan 1984

The Reconstruction Of Insurance Contracts Under The Doctrine Of Reasonable Expectations, 18 J. Marshall L. Rev. 155 (1984), Scott B. Krider

UIC Law Review

No abstract provided.


As The Walls Came Tumbling Down: Architects' Expanded Liability Under Design-Build/Construction Contracting, 17 J. Marshall L. Rev. 1 (1984), Hal G. Block Jan 1984

As The Walls Came Tumbling Down: Architects' Expanded Liability Under Design-Build/Construction Contracting, 17 J. Marshall L. Rev. 1 (1984), Hal G. Block

UIC Law Review

No abstract provided.


Real Estate Contracts And The Doctrine Of Equitable Conversion In Washington: Dispelling The Ashford Cloud, Linda S. Hume Jan 1984

Real Estate Contracts And The Doctrine Of Equitable Conversion In Washington: Dispelling The Ashford Cloud, Linda S. Hume

Seattle University Law Review

The principal thesis of this Article is that property and contract questions should not be solved independently and are most usefully approached in a distinct order. Because the installment contract divides the incidents of property ownership usually associated with legal title between the parties to the contract, it should be treated differently than the earnest money contract in which the incidents of ownership are not divided. In addition, it is important to first answer some remedial questions before proceeding to make decisions about the property interest of each party to the contract. To support this thesis, this Article explains in …