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Contracts

1987

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Articles 1 - 30 of 43

Full-Text Articles in Law

A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thurmann Dec 1987

A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thurmann

Scholarly Works

The purpose of this article is rather simple, extracting a new theory of standard form contracts from the good bits of the spectrum of "old" ideas and combining them with some fresh rethinking. For something fresh, the authors choose to examine the German law on standard form contracts. The authors have tried to remain neutral observers but in extracting the best from the spectrum of ideas one necessarily states--in this instance, one of pragmatic compromise. Thus, this article will cull and identify elements from the spectrum specifically concerning standard form contracts and compare them with the German approach. This process …


How To Read, Or At Least Not Misread, Cardozo In The Allegheny College Case, Alfred S. Konefsky Oct 1987

How To Read, Or At Least Not Misread, Cardozo In The Allegheny College Case, Alfred S. Konefsky

Buffalo Law Review

No abstract provided.


The Arkansas Law Of Oil And Gas: Chapter V, Susan Webber Wright Oct 1987

The Arkansas Law Of Oil And Gas: Chapter V, Susan Webber Wright

University of Arkansas at Little Rock Law Review

No abstract provided.


Newsletter Vol.15 No.4 1987, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Sep 1987

Newsletter Vol.15 No.4 1987, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Duress In The Canadian And English Law Of Restitution:, G Hl Fridman Sep 1987

Duress In The Canadian And English Law Of Restitution:, G Hl Fridman

Dalhousie Law Journal

The early history of restitution reveals that duress was relevant in two situations. In the first, one party compelled another to pay him money by reason of some threat. In the second situation, one party compelled another to pay him money which was in fact owed by a third party to the one exercising the compulsion. The former situation was a straight forward one, in which the party exercising the duress falsely or legitimately (though perhaps erroneously) caused the party subjected to the duress to accept that a debt existed between the two parties, or that the party exerting pressure …


Article Two Warranties In Commercial Transactions: An Update, Kathryn L. Moore, Debra L. Goetz, Douglas E. Perry, David S. Rabb Sep 1987

Article Two Warranties In Commercial Transactions: An Update, Kathryn L. Moore, Debra L. Goetz, Douglas E. Perry, David S. Rabb

Law Faculty Scholarly Articles

In 1978 the Cornell Law Review published a Special Project devoted to Article Two commercial warranties. Nine years have since elapsed, and we have decided to update and reassess this important area of the law. We have discovered that although judicial treatment of many aspects of Article Two warranty law has remained stable, in some instances the courts' treatment has progressed and in other instances it has become unclear. This Special Project is our attempt to assemble these changes, interpret the progress, and suggest new lines of analysis to clarify areas of conflict.


Newsletter Vol.15 No.3 1987, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Jul 1987

Newsletter Vol.15 No.3 1987, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Contracts Scholarship In The Age Of Anthology, E. Allan Farnsworth May 1987

Contracts Scholarship In The Age Of Anthology, E. Allan Farnsworth

Michigan Law Review

In the first part of this article, I trace the history of the Age. I observe that for nearly forty years, from 1881 to the time of World War I, there was a significant decline in contracts scholarship and conclude that the principal explanation for these lean years lies in the shift in scholars' focus from an audience of practitioners to one of students that resulted from the introduction of the case method. In the second part of the article, I look at the way in which the anthologists wielded the considerable influence that each had when only a few …


Protecting Corporate Directors And Officers: Indemnification, Robert P. Mckinney Apr 1987

Protecting Corporate Directors And Officers: Indemnification, Robert P. Mckinney

Vanderbilt Law Review

This Special Project Note on indemnification and the succeeding Special Project Note on insurance are intended to offer practical advice to practitioners with corporate clients. All fifty states have passed indemnification statutes that establish the scope and terms under which a corporation may, and in some cases must, indemnify its directors and officers. Legal counsel should test the scope of a particular indemnification statute by determining what standards must be met, what procedures must be followed, and what expenses may be indemnified under the relevant state statute. If a particular indemnification statute is not limited to the alternatives specified therein, …


Prudence Of Electric Utilities' Coal Contracts And Fuel Procurement Practices: The Impact On Coal Contract Negotiations, Amy R. Templeton Apr 1987

Prudence Of Electric Utilities' Coal Contracts And Fuel Procurement Practices: The Impact On Coal Contract Negotiations, Amy R. Templeton

West Virginia Law Review

No abstract provided.


Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman Feb 1987

Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


A Rose By Any Other Word: Mutual Mistake In Sherwood V. Walker, Robert Birmingham Jan 1987

A Rose By Any Other Word: Mutual Mistake In Sherwood V. Walker, Robert Birmingham

Faculty Articles and Papers

No abstract provided.


Enforcing Surrogate Motherhood Agreements: The Trouble With Specific Performance, Susan M. Wolf Jan 1987

Enforcing Surrogate Motherhood Agreements: The Trouble With Specific Performance, Susan M. Wolf

NYLS Journal of Human Rights

No abstract provided.


Surrogacy V. The Thirteenth Amendment, Cyril C. Means Jr. Jan 1987

Surrogacy V. The Thirteenth Amendment, Cyril C. Means Jr.

NYLS Journal of Human Rights

No abstract provided.


Conceiving For Cash; Is It Legal? A Survey Of The Laws Applicable To Surrogate Motherhood, Shereen Taylor Jan 1987

Conceiving For Cash; Is It Legal? A Survey Of The Laws Applicable To Surrogate Motherhood, Shereen Taylor

NYLS Journal of Human Rights

No abstract provided.


Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie Jan 1987

Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie

LLM Theses and Essays

Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …


La Buena Fe En La Concurrencia Sobre Bienes Inmuebles, Gastón Fernández Cruz Jan 1987

La Buena Fe En La Concurrencia Sobre Bienes Inmuebles, Gastón Fernández Cruz

Gastón Fernández Cruz

No abstract provided.


The Bankruptcy Code, The Copyright Act, And Transactions In Computer Software, 7 Computer L.J. 327 (1987), Thomas M.S. Hemnes, Susan Barbieri Montgomery Jan 1987

The Bankruptcy Code, The Copyright Act, And Transactions In Computer Software, 7 Computer L.J. 327 (1987), Thomas M.S. Hemnes, Susan Barbieri Montgomery

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Farm Crop Energy V. Old National Bank: A Meaningful Test For Damages Under Promissory Estoppel?, Glen Andrew Anderson Jan 1987

Farm Crop Energy V. Old National Bank: A Meaningful Test For Damages Under Promissory Estoppel?, Glen Andrew Anderson

Seattle University Law Review

This Note proposes that an award of lost profits under promissory estoppel should be made only when the circumstances surrounding the making of the promise justify enforcing it as if it were a contract. Operating on the assumption that a promise is found to be a reasonable basis for reliance, this Note will propose some criteria by which a court can determine when a promise justifies a damage award in excess of the costs of reliance. These criteria will then be applied to the Farm Crop facts to demonstrate that remedies can be administered under a standard that is rational …


Insurance In The People's Republic Of China: Laws And Practice, Henry R. Zheng Jan 1987

Insurance In The People's Republic Of China: Laws And Practice, Henry R. Zheng

Vanderbilt Journal of Transnational Law

The insurance industry in the People's Republic of China (PRC) has expanded rapidly during the past several years. Since the end of 1979 when domestic insurance was reestablished, the income generated from insurance business has been increasing at a rate of over forty-four percent annually.' By early 1987, over 500,000 enterprises and business entities utilized property insurance and about 34 million people purchased personal insurance; during the first half of 1986 the total insurance earnings from the People's Insurance Company of China alone reached a record high of over 2.33 billion yuan. In the meantime, the insurance business has become …


Validity Of Contracts Under The United Nations Convention On Contracts For The International Sale Of Goods, Christoph R. Heiz Jan 1987

Validity Of Contracts Under The United Nations Convention On Contracts For The International Sale Of Goods, Christoph R. Heiz

Vanderbilt Journal of Transnational Law

Under article 4(a) of the CISG, domestic law governs if a sales contract's validity is at issue.' One must consult the conflict of laws provisions of private international law to determine which domestic law is applicable.

In contrast to the Convention, the Swiss Code of Obligations as well as relevant Swiss literature and jurisprudence clearly address the issue of contractual validity. Swiss contract law's error provisions are characterized as contract validity rules. If, for instance, a buyer claims that he erred on a certain fact that was a necessary basis for him to enter into an international sales contract under …


Unconscionability - Real Property Lawyers Confront A New Problem, 21 J. Marshall L. Rev. 1 (1987), Robert Kratovil Jan 1987

Unconscionability - Real Property Lawyers Confront A New Problem, 21 J. Marshall L. Rev. 1 (1987), Robert Kratovil

UIC Law Review

No abstract provided.


Contractual Theories Of Recovery In The Hmo Provider-Subscriber Relationship: Prospective Litigation For Breach Of Contract, Randolph E. Sarnacki Jan 1987

Contractual Theories Of Recovery In The Hmo Provider-Subscriber Relationship: Prospective Litigation For Breach Of Contract, Randolph E. Sarnacki

Buffalo Law Review

No abstract provided.


Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer Jan 1987

Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer

Faculty Publications

No abstract provided.


Municipal Lease-Purchase Agreements: A Virginia Perspective, R. Webb Moore Jan 1987

Municipal Lease-Purchase Agreements: A Virginia Perspective, R. Webb Moore

University of Richmond Law Review

America's state and local governments are in a fiscal vise. Federal intergovernmental aid reached a high water mark in fiscal 1979, but subsequent cutbacks by President Reagan and Congress brought the era of rapid growth in federal domestic spending to a screeching halt in 1981 with reductions of over fifty-three billion dollars in budgetary authority and thirty-five billion dollars in budgetary outlays. Local governments have responded by taking one of three fiscal paths: (1) forced austerity, resulting in school and library closings, deteriorating infrastructure, elimination of mass-transit systems and benefit and personnel cuts; (2) an increased dependence on local tax …


The Collision Of Tort And Contract In The Construction Industry, Murray H. Wright, Edward E. Nicholas Iii Jan 1987

The Collision Of Tort And Contract In The Construction Industry, Murray H. Wright, Edward E. Nicholas Iii

University of Richmond Law Review

Over the past two decades, several courts have allowed construction industry plaintiffs to assert tort claims to recover for purely economic losses (i.e. other than injury to person or property) from other participants in the construction process. Parties assert tort claims, instead of or in addition to contract claims, to take advantage of the more liberal tort damage rules and, probably more importantly, to escape unfavorable contract provisions. This article briefly discusses the different origins and goals of tort and contract law. It then reviews some of the decisions allowing recovery of purely economic losses in tort as well as …


Strict Liability For Chattel Leasing, Richard C. Ausness Jan 1987

Strict Liability For Chattel Leasing, Richard C. Ausness

Law Faculty Scholarly Articles

Leasing has become an increasingly popular substitute for outright purchases as a means of acquiring products for use. Few courts and commentators, however, have addressed the question of whether the principles of strict products liability which apply to sellers also apply to lessors. In this Article, Professor Ausness reviews the historical basis for imposing strict liability in tort on sellers and applies these rationales to five basic kinds of lease transactions. He concludes that strict liability should not apply when a product defect arises after the leased product is placed in the hands of the lessee (as contrasted with the …


Design Defects In Equipment: When Are Government Contractors Liable For Injuries To Military Personnel?, Emily Calhoun Jan 1987

Design Defects In Equipment: When Are Government Contractors Liable For Injuries To Military Personnel?, Emily Calhoun

Publications

No abstract provided.


The Merchant's Exception To The Uniform Commercial Code's Statute Of Frauds, Charles D. Onofry Jan 1987

The Merchant's Exception To The Uniform Commercial Code's Statute Of Frauds, Charles D. Onofry

Villanova Law Review

No abstract provided.


The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina Jan 1987

The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina

Touro Law Review

No abstract provided.