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Full-Text Articles in Law
A Consent Theory Of Unconscionability: An Empirical Study Of Law In Action, Larry Dimatteo, Bruce Rich
A Consent Theory Of Unconscionability: An Empirical Study Of Law In Action, Larry Dimatteo, Bruce Rich
Larry A DiMatteo
This Article provides the findings of an empirical study of 187 court cases in which the issue of the unconscionability of a contract or a contract term was addressed by the courts. The cases were drawn from two time periods. The first set of cases can be viewed as the first generation of Uniform Commercial Code (U.C.C.)-style unconscionability cases from 1968-1980. The second generation of unconscionability cases were from the time period of 1991-2003. The two groups of cases allow us to not only analyze a series of questions and factors, but also to make intergenerational or longitudinal observations. The …
Contracts In Context And Contracts As Context, Larry A. Dimatteo, Blake D. Morant
Contracts In Context And Contracts As Context, Larry A. Dimatteo, Blake D. Morant
Larry A DiMatteo
The annual Business Law Symposium of the Wake Forest Law Review has a distinguished legacy of noteworthy programs that shed light on seminal issues affecting contemporary business in the United States. This edition builds on that tradition of excellence with a focus on the ubiquitous phenomenon of contracts and bargaining behavior. Contract law appears as a set of policies and rules that provide order for those who transact bargains. Indeed, contract law and the rules that it engenders seemingly facilitate an efficient system of transactional conduct that, on its face, appears objective. Part II of this introductory Article briefly examines …
Bad Faith At Middle Age: Comments On “The Principle Without A Name (Yet),” Insurance Law, Contract Law, Specialness, Distinctiveness, And Difference, Robert H. Jerry Ii
Bad Faith At Middle Age: Comments On “The Principle Without A Name (Yet),” Insurance Law, Contract Law, Specialness, Distinctiveness, And Difference, Robert H. Jerry Ii
Robert H. Jerry II
In this article, Robert Jerry expounds on Professor Abraham's article on insurer liability for bad faith by pointing out that the concept of institutional bad faith is not a new phenomenon, but rather, one that is as old as the insurance industry itself. Jerry focuses on Abraham's depiction of the "specialness" and "distinctiveness" of insurance, while exploring additional instances of "rotten to the core" systemic bad faith dating as far back as the nineteenth century. Much like Abraham did in his article on bad faith, Jerry uses these examples of systemic bad faith to further his assertion that the insurance …
The Influence Of Law And Economics Scholarship On Contract Law: Impressions Twenty-Five Years Later, Jeffrey L. Harrison
The Influence Of Law And Economics Scholarship On Contract Law: Impressions Twenty-Five Years Later, Jeffrey L. Harrison
Jeffrey L Harrison
This is an update of a work done in conjunction with a contract law conference 25 years ago. My specific assignment was to assess the impact of law and economics scholarship on contract law. I responded by conducting an empirical study of judicial citations to selected law and economics works in order to ascertain the extent to which judges seemed to be relying on the teachings of law and economics. In effect, the effort was part of a general question that concerns all law professors: Does scholarship matter? I have repeated the study with respect to the scholarship sample selected …
Rethinking Mistake And Nondisclosure In Contract Law, Jeffrey L. Harrison
Rethinking Mistake And Nondisclosure In Contract Law, Jeffrey L. Harrison
Jeffrey L Harrison
This Article reconsiders the analysis of the disclosure/nondisclosure issue. Part I of this Article elaborates on the basic model and some of the complexities of identifying the actual impact of nondisclosure. Part II details the social costs of the default nondisclosure rule. In Part III, a case is made that concepts like "mistake" and "defect," both "patent" and "latent," unnecessarily retard allocative efficiency by limiting what must be disclosed. In Part IV, alternatives to the default nondisclosure rule are examined in the context of several cases, some of which have been used to illustrate the virtues of the default rule.
Promises, Trust, And Contract Law, Anthony J. Bellia
Promises, Trust, And Contract Law, Anthony J. Bellia
Anthony J. Bellia
The need for individuals to be able to trust that promises will be performed is central to justifying a law that renders certain promises enforceable. This Article argues that the legal enforcement of certain promises to meet this need does not necessarily diminish the personal relationships of trust in which such promises are made, as has been argued. Rather, this Article argues, the making and performance of legally enforceable promises can assist individuals in building relationships of trust, as it assists them in the pursuit of myriad goods.
Ting Siew May V Boon Lay Choo And Another: Aspects Of Illegality, Jonathan Muk
Ting Siew May V Boon Lay Choo And Another: Aspects Of Illegality, Jonathan Muk
Jonathan Muk
A case note commenting on aspects of illegality in the Singapore Court of Appeal's judgment in Ting Siew May v Boon Lay Choo and another [2014] SGCA 28