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

Law Commons

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

Contracts

Selected Works

Fraud

Articles 1 - 3 of 3

Full-Text Articles in Law

'Leveling The Playing Field' With Contract Principles, Stephen A. Gerst Jun 2012

'Leveling The Playing Field' With Contract Principles, Stephen A. Gerst

Stephen A Gerst

No abstract provided.


Contract Law, Party Sophistication And The New Formalism, Meredith Miller Nov 2011

Contract Law, Party Sophistication And The New Formalism, Meredith Miller

Meredith R. Miller

With increasing frequency, courts are mentioning party sophistication as relevant to whether a contract has been formed, whether a contract is enforceable, how the contract should be interpreted, and even, in some instances, the determination of an appropriate remedy. Sophisticated parties are held to a different set of rules, grounded in freedom of contract. It is presumed that a sophisticated party was aware of what to bargain for and read (or should have read) and understood (or should have understood) the terms of a written agreement. But, just what do courts mean when they call a contracting party “sophisticated”? “Sophistication” …


Falling Short: Has The Sec’S Quest To Control Market Manipulation And Abusive Short-Selling Come To An End Or Has It Really Just Begun?, Richard Ramirez Dec 2010

Falling Short: Has The Sec’S Quest To Control Market Manipulation And Abusive Short-Selling Come To An End Or Has It Really Just Begun?, Richard Ramirez

Richard E. Ramirez, J.D. | CFCS

No abstract provided.