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Contracts

1983

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Articles 1 - 30 of 37

Full-Text Articles in Law

Restricted Distribution Contracts And The Opportunistic Pursuit Of Treble Damages, Henry N. Butler Dec 1983

Restricted Distribution Contracts And The Opportunistic Pursuit Of Treble Damages, Henry N. Butler

Washington Law Review

The analysis presented in this article addresses the narrow issue of the effects of potential treble damage actions on the behavior of contractually-related manufacturers and distributors. Part II of this article presents the notion of opportunistic behavior, which has influenced much of the economic analysis and the Supreme Court's recent treatment of vertical nonprice restraints. The transformation of the threat of opportunism into socially-wasteful expenditures of resources is also discussed. Part III examines the problematic role of opportunism in the distribution of goods, restricted distribution practices that aim to solve the problem, and the antitrust treatment of such restricted ...


Hyde: Exclusive Contracts, Edward E. Hollowell Oct 1983

Hyde: Exclusive Contracts, Edward E. Hollowell

North Carolina Central Law Review

No abstract provided.


Antitrust, Joint Ventures And The End Of The Ama's Contract Practice Ethics: New Ways Of Thinking About The Health Care Industry, Charles D. Weller Oct 1983

Antitrust, Joint Ventures And The End Of The Ama's Contract Practice Ethics: New Ways Of Thinking About The Health Care Industry, Charles D. Weller

North Carolina Central Law Review

No abstract provided.


Introduction To The 25th Anniversary Issue, Sanford N. Katz Jul 1983

Introduction To The 25th Anniversary Issue, Sanford N. Katz

Boston College Law School Faculty Papers

No abstract provided.


An Analysis Of The Cessation Of Contractual Relations, Robert A. Hillman Jun 1983

An Analysis Of The Cessation Of Contractual Relations, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


Modern Unilateral Contracts, Mark Pettit May 1983

Modern Unilateral Contracts, Mark Pettit

Faculty Scholarship

Why would anyone write about unilateral contracts today? After all, Karl Llewellyn argued convincingly more than forty years ago' that unilateral contracts are rare and unimportant and should be relegated to the "freak tent. ' 2 Academics, he said, created the "Great Dichotomy" between unilateral and bilateral contracts; lack of support for the unilateral contract idea in the cases required those academics to illustrate the concept with ridiculous hypotheticals about climbing greased flagpoles and crossing the Brooklyn Bridge. The drafters of the Second Restatement of Contracts thus considered it a step forward when they not only minimized the importance of the ...


Interstate Gas Pipeline Ratemaking And Contract Implications, Henry E. Brown Mar 1983

Interstate Gas Pipeline Ratemaking And Contract Implications, Henry E. Brown

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

61 pages.

Contains references.

Contains 7 attachments.


Creditors’ Rights Involved In The Production And Sale Of Natural Gas, William M. Schultz Mar 1983

Creditors’ Rights Involved In The Production And Sale Of Natural Gas, William M. Schultz

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

101 pages (includes forms).

Contains 6 attachments.


Agenda: Natural Gas Symposium: Contract Solutions For The Future Of Regulatory Environment, University Of Colorado Boulder. Natural Resources Law Center, University Of Houston. Law Center Mar 1983

Agenda: Natural Gas Symposium: Contract Solutions For The Future Of Regulatory Environment, University Of Colorado Boulder. Natural Resources Law Center, University Of Houston. Law Center

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

Contents:

The natural gas industry in transition / Ruth A. Maurer -- Legislative prospects for wellhead pricing of natural gas / Richard G. Morgan -- Off-system sales : will they ever return? : the interstate side / Robert C. McHugh -- Off-system sales : will they ever return? / Paul F. O'Konski -- Contractual and other considerations affecting producers, pipelines and distributors during current period of market demand constraints / Michael J. Manning -- Section 311 and 312 of the Natural Gas Policy Act of 1978 and Hinshaw pipelines / Lauren Eaton -- Drafting and interpreting sensitive gas purchase contract provisions / William D. Watson -- Creditors' rights involved in the production and sale of natural ...


Section 311 And 312 Of The Natural Gas Policy Act Of 1978 And Hinshaw Pipelines, Lauren Eaton Mar 1983

Section 311 And 312 Of The Natural Gas Policy Act Of 1978 And Hinshaw Pipelines, Lauren Eaton

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

5 pages.


Drafting And Interpreting Sensitive Gas Purchase Contract Provisions, William D. Watson Mar 1983

Drafting And Interpreting Sensitive Gas Purchase Contract Provisions, William D. Watson

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

8 pages.


Off-System Sales: Will They Ever Return?, Paul F. O'Konski Mar 1983

Off-System Sales: Will They Ever Return?, Paul F. O'Konski

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

5 pages.


Off-System Sales – Will They Ever Return? (The Interstate Side), Robert C. Mchugh Mar 1983

Off-System Sales – Will They Ever Return? (The Interstate Side), Robert C. Mchugh

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

27 pages (includes illustrations).

Contains 2 pages of references.

Contains 1 attachment.


Legislative Prospects For Wellhead Pricing Of Natural Gas, Richard G. Morgan Mar 1983

Legislative Prospects For Wellhead Pricing Of Natural Gas, Richard G. Morgan

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

162 pages.

Contains 16 attachments.


The Natural Gas Industry In Transition, Ruth A. Maurer Mar 1983

The Natural Gas Industry In Transition, Ruth A. Maurer

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

10 pages (includes illustrations).


Contractual And Other Considerations Affecting Producers, Pipelines And Distributors During Current Period Of Market Demand Constraints [Outline], Michael J. Manning Mar 1983

Contractual And Other Considerations Affecting Producers, Pipelines And Distributors During Current Period Of Market Demand Constraints [Outline], Michael J. Manning

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

6 pages.


Contract As Promise: A Theory Of Contractual Obligation, Michigan Law Review Mar 1983

Contract As Promise: A Theory Of Contractual Obligation, Michigan Law Review

Michigan Law Review

A Review of Contract as Promise: A Theory of Contractual Obligation by Charles Fried


University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin Feb 1983

University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin

All Faculty Scholarship

No abstract provided.


Weinberger V. Uop, Jan Ginter Deutsch Jan 1983

Weinberger V. Uop, Jan Ginter Deutsch

Faculty Scholarship Series

This article examines the dissent of Justice Duffy in the now withdrawn Delaware Supreme Court opinion of Weinberger v. UOP, Inc. which affirmed the lower-court decision and ruled that a cash-out merger whereby a parent company bought out the minority shareholders of a subsidiary was permissible. The court concluded that the price was fair, there was a proper purpose for the transaction, and that the investment banking firm that was paid by the parent company had no fiduciary duty to the minority and, absent a showing of a conspiracy, was not liable for damages.


Jurisdiction In Single Contract Cases, Timothy D. Brewer Jan 1983

Jurisdiction In Single Contract Cases, Timothy D. Brewer

University of Arkansas at Little Rock Law Review

No abstract provided.


Chapter 8: Contracts And Commercial Law, Carolyn Davis Dailey, Madelyn Leopold, Andrea Petersen, Ettore A. Santucci, Conant M. Webb Jan 1983

Chapter 8: Contracts And Commercial Law, Carolyn Davis Dailey, Madelyn Leopold, Andrea Petersen, Ettore A. Santucci, Conant M. Webb

Annual Survey of Massachusetts Law

No abstract provided.


Title Examination In Virginia, W. Wade Berryhill Jan 1983

Title Examination In Virginia, W. Wade Berryhill

University of Richmond Law Review

The purpose of this article is to provide an understanding of the basic procedures of title examination. The emphasis is on the mechanics and practical considerations involved in a search of title. Although the focus of any legal work is "the law," this article is not meant to be a legal treatise. It is rather a practical "how to" guide. The author hopes, however, that this writing will not only acquaint the reader with the basic techniques of title examination but will also assist the title examiner in solving the related problems which arise when some of the more common ...


Contractual Disclaimer And Limitation Of Liability Under The Law Of New York, James Brook Jan 1983

Contractual Disclaimer And Limitation Of Liability Under The Law Of New York, James Brook

Articles & Chapters

No abstract provided.


Post-Contractual Arbitrability After Nolde Brothers: A Problem Of Conceptual Clarity, Arthur S. Leonard Jan 1983

Post-Contractual Arbitrability After Nolde Brothers: A Problem Of Conceptual Clarity, Arthur S. Leonard

Articles & Chapters

In Nolde Brothers, Inc. v. Local No. 358, Bakery & Confectionery Workers Union,' the Supreme Court held that a labor-management grievance dispute which arose after the expiration of a collective bargaining agreement might, under certain circumstances, be compulsorily arbitrable even though no successor agreement providing for arbitration had been entered into by the parties.2 In so holding, however, the Supreme Court was imprecise in articulating the factors underlying its determination,3 leaving to the lower courts and the National Labor Relations Board (Board) the considerable task of adopting the broadly phrased Nolde rationale-a presumption of continuing arbitrability- to differing situations ...


Challenging The Employment-At-Will Doctrine Through Modern Contract Theory, Clare Tully Jan 1983

Challenging The Employment-At-Will Doctrine Through Modern Contract Theory, Clare Tully

University of Michigan Journal of Law Reform

This Note advocates an implied contract analysis that both satisfies contractual requirements and protects the reasonable expectations of employees and employers. Part I describes the various reliance interests that employees bring to their jobs, the employer inducements that cause this reliance, and the business benefits that accrue when employees rely upon these inducements. Part II examines in detail judicial reluctance to enforce either these reliance interests or employer promises as contract rights under the at-will doctrine. Part II also urges the increased use of modern contract theories such as promissory estoppel, quasi-contract, and implied contract to protect employee reliance interests ...


Marriage: The Status Of Contract, An Essay On Weitzman's The Marriage Contract, Marsha Garrison Jan 1983

Marriage: The Status Of Contract, An Essay On Weitzman's The Marriage Contract, Marsha Garrison

Faculty Scholarship

No abstract provided.


The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces Jan 1983

The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces

Faculty Publications

Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section ...


The Service Contract Act Of 1965: Time To Revise Or Repeal, Beverly Hall Burns Jan 1983

The Service Contract Act Of 1965: Time To Revise Or Repeal, Beverly Hall Burns

Villanova Law Review

No abstract provided.


Corporations - Under Delaware Law, Majority Shareholders Have No Duty To Ensure That Minority Shareholders Benefit From A Contractual Corporate Dividend Distribution Policy Where The Latter's Changed Circumstances Preclude Enjoyment Of The Benefit, Gregory F. Lepore Jan 1983

Corporations - Under Delaware Law, Majority Shareholders Have No Duty To Ensure That Minority Shareholders Benefit From A Contractual Corporate Dividend Distribution Policy Where The Latter's Changed Circumstances Preclude Enjoyment Of The Benefit, Gregory F. Lepore

Villanova Law Review

No abstract provided.


Does The Agency Die When The Principal Becomes Mentally Incapacitated?, W. Alfred Mukatis Jan 1983

Does The Agency Die When The Principal Becomes Mentally Incapacitated?, W. Alfred Mukatis

Seattle University Law Review

This Article explores the status of an agency when a competent principal enters into an agency relationship and thereafter becomes mentally incapacitated. On the one hand, does the status of the agency depend on factors relating to the principal such as type, length, or permanence of the incapacity? For instance, is the status of the agency the same when a principal lapses into a coma as it is when a conscious principal is incapacitated because of a mental disease such as schizophrenia? If in a coma, how does the length of the coma affect the status of the agency? Is ...