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

Law Commons

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

Contracts

1976

Institution
Keyword
Publication
Publication Type

Articles 1 - 28 of 28

Full-Text Articles in Law

Newsletter Vol.4 No.5 1976, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Nov 1976

Newsletter Vol.4 No.5 1976, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Secured Party's Right To Sue Third Persons For Damage To Or Defects In Collateral, Harold R. Weinberg Nov 1976

Secured Party's Right To Sue Third Persons For Damage To Or Defects In Collateral, Harold R. Weinberg

Law Faculty Scholarly Articles

The proverb “there is many a slip ‘twixt the cup and the lip” might have been written with the secured creditor in mind. Many tragedies may befall him to defeat his expectations. He takes his security interest hoping for the best, but preparing for the worst—nonperformance of the obligation secured. If he does not carefully comply with the Article Nine provisions concerning the enforceability and perfection of a security interest, he may ultimately be unsecured. If his security interest is enforceable and perfected, it may turn out that some other party has priority to the collateral. Even if the ...


Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett Oct 1976

Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett

Dalhousie Law Journal

Barnett v. Harrison' concerned the correctness of a trilogy of judgments of the Supreme Court of Canada which have stood for the basic proposition of contract law that a condition precedent expressed in a contract may not be waived unilaterally, notwithstanding that the condition was inserted and intended for the sole benefit of the party seeking to waive it unless the contract expressly provides such a power to waive. In the initial and leading case, Turney v. Zhilka, a contract for the purchase and sale of land was made conditional upon the property being "annexed to the village of Streetsville ...


Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett Oct 1976

Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett

Dalhousie Law Journal

Barnett v. Harrison' concerned the correctness of a trilogy of judgments of the Supreme Court of Canada which have stood for the basic proposition of contract law that a condition precedent expressed in a contract may not be waived unilaterally, notwithstanding that the condition was inserted and intended for the sole benefit of the party seeking to waive it unless the contract expressly provides such a power to waive. In the initial and leading case, Turney v. Zhilka, a contract for the purchase and sale of land was made conditional upon the property being "annexed to the village of Streetsville ...


Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett Oct 1976

Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett

Dalhousie Law Journal

Barnett v. Harrison' concerned the correctness of a trilogy of judgments of the Supreme Court of Canada which have stood for the basic proposition of contract law that a condition precedent expressed in a contract may not be waived unilaterally, notwithstanding that the condition was inserted and intended for the sole benefit of the party seeking to waive it unless the contract expressly provides such a power to waive. In the initial and leading case, Turney v. Zhilka, a contract for the purchase and sale of land was made conditional upon the property being "annexed to the village of Streetsville ...


Newsletter Vol.4 No.4 1976, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Sep 1976

Newsletter Vol.4 No.4 1976, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Joseph Smith And Legal Process: In The Wake Of The Steamboat Nauvoo, Dallin H. Oaks, Joseph I. Bentley Sep 1976

Joseph Smith And Legal Process: In The Wake Of The Steamboat Nauvoo, Dallin H. Oaks, Joseph I. Bentley

BYU Law Review

No abstract provided.


Keeping The Deal Together After Material Breach--Common Law Mitigation Rules, The Ucc, And The Restatement (Second) Of Contracts, Robert A. Hillman Jul 1976

Keeping The Deal Together After Material Breach--Common Law Mitigation Rules, The Ucc, And The Restatement (Second) Of Contracts, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach Jun 1976

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.


Newsletter Vol.4 No.3 1976, National Center For The Study Of Collective Bargaining In Higher Education And The Professions May 1976

Newsletter Vol.4 No.3 1976, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Contracts - Adoption-A Flexible Standard For Determining When A Contract To Make A Will, Incidental To An Adoption Agreement, Is Void As Against Public Policy - Reimche V. First National Bank May 1976

Contracts - Adoption-A Flexible Standard For Determining When A Contract To Make A Will, Incidental To An Adoption Agreement, Is Void As Against Public Policy - Reimche V. First National Bank

BYU Law Review

No abstract provided.


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the ...


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the ...


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the ...


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the ...


The Inconsistent Collateral Contract, David W. Mclauchlan May 1976

The Inconsistent Collateral Contract, David W. Mclauchlan

Dalhousie Law Journal

The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the ...


Subsidized Adoption In America, Sanford N. Katz, Ursula M. Gallagher Apr 1976

Subsidized Adoption In America, Sanford N. Katz, Ursula M. Gallagher

Boston College Law School Faculty Papers

No abstract provided.


Newsletter Vol.4 No.2 1976, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Mar 1976

Newsletter Vol.4 No.2 1976, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Constitutional Law - Impairment Of Contracts - Pyramid Sales Schemes - Remaining Limitations, If Any, On The Police Power Under The Contract Clause - Koscot Interplanetary, Inc. V. Draney Mar 1976

Constitutional Law - Impairment Of Contracts - Pyramid Sales Schemes - Remaining Limitations, If Any, On The Police Power Under The Contract Clause - Koscot Interplanetary, Inc. V. Draney

BYU Law Review

No abstract provided.


Choice Of Forum Clauses In International And Interstate Contracts, James T. Gilbert Jan 1976

Choice Of Forum Clauses In International And Interstate Contracts, James T. Gilbert

Kentucky Law Journal

No abstract provided.


Contractual Arbitration - Associated General Contractors V. Savin Brothers, Inc. - Judicial Review Of An Arbitrator's Punitive Award, David M. Heller Jan 1976

Contractual Arbitration - Associated General Contractors V. Savin Brothers, Inc. - Judicial Review Of An Arbitrator's Punitive Award, David M. Heller

Loyola University Chicago Law Journal

No abstract provided.


Newsletter Vol.4 No.1 1976, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Jan 1976

Newsletter Vol.4 No.1 1976, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Administrative Law — Contral Law — Fpc Summary Action In Natural Gas Pipeline Interim Curtailment Practice — Consolidated Edison Co. V. Fpc, Philip D. O'Neill Jr Jan 1976

Administrative Law — Contral Law — Fpc Summary Action In Natural Gas Pipeline Interim Curtailment Practice — Consolidated Edison Co. V. Fpc, Philip D. O'Neill Jr

Boston College Law Review

No abstract provided.


Book Review. Transcending Covenant And Debt, Morris S. Arnold Jan 1976

Book Review. Transcending Covenant And Debt, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo Jan 1976

Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo

Buffalo Law Review

No abstract provided.


Expectancy Damages For Breach Of Contract: A Primer And Critique, David H. Vernon Jan 1976

Expectancy Damages For Breach Of Contract: A Primer And Critique, David H. Vernon

Washington University Law Review

This Article is devoted primarily to describing and analyzing the conceptual framework within which courts traditionally have awarded expectancy damages—the “primer” and “critique” of the title. Expectancy rules lie at the center of traditional theory and are widely accepted. In many instances, however, they create problems in application and thus frequently are ignored by the courts. The existence of several different and contradictory bases for recovery in any given suit creates further problems.


Fourteenth-Century Promises, Morris S. Arnold Jan 1976

Fourteenth-Century Promises, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Subsidized Adoption In America, Sanford N. Katz, Ursula M. Gallagher Dec 1975

Subsidized Adoption In America, Sanford N. Katz, Ursula M. Gallagher

Sanford N. Katz

No abstract provided.