Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Obligation (2)
- Contracts/Modification (1)
- Remedies (1)
- (decided January 15 (1)
- 1991) (1)
-
- 42 USC §1983 (1)
- Albany County (1)
- Balance theory of contracts (1)
- Canada (1)
- Chapter 190 (1)
- Civil Rights Act (1)
- Collateral source rule (1)
- Collective (1)
- Collectively bargaining (1)
- Common law (1)
- Common law collateral source rule (1)
- Consideration (1)
- Constitution (1)
- Constitutionality (1)
- Contract law (1)
- Contract theory (1)
- Contracts (1)
- Courts (1)
- Discretionary function (1)
- Divorce (1)
- Due Process (1)
- Estoppel (1)
- Family law (1)
- Federal common law collateral source rule (1)
- Fifth Amendment constraints (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Reconceptualizing Sovereign Immunity, Harold J. Krent
Reconceptualizing Sovereign Immunity, Harold J. Krent
Vanderbilt Law Review
The United States generally is immune from suit without its con- sent. Accordingly, neither Congress nor the executive branch need pay damages' for any contract breached, any tort committed, or any constitutional right violated by the federal government. Although the doctrine of sovereign immunity persists, it persists subject to near unanimous condemnation from commentators. Many have rejected the underlying theory that the "King can do no wrong" as oddly out of place in our republican governments and many have noted as well that sovereign immunity was never applied as comprehensively in the past as it is today. Presently, there seems …
Consideration And Estoppel: Problem And Panacea, Bruce Macdougall
Consideration And Estoppel: Problem And Panacea, Bruce Macdougall
Dalhousie Law Journal
In his book, The History of the Common Law of Contract, A.W.B. Simpson demonstrates that consideration originally seems to have meant the "matter of inducement" - the "why" of entering a promise.' He writes: "The essence of the doctrine of consideration, then, is the adoption by the common law of the idea that the legal effect of a promise should depend upon the factor or factors which motivated the promise. To decide whether a promise to do X is binding, you need to know why the promise was made."2 In modem terms, according to Simpson, a promise which lacks any …
Public Power And Private Obligation: An Analysis Of The Government Contract, Shannon Kathleen O'Byrne
Public Power And Private Obligation: An Analysis Of The Government Contract, Shannon Kathleen O'Byrne
Dalhousie Law Journal
This paper analyzes contracts made by the Government in terms of political theory. From this perspective, it explores the assumptions, utility, and accuracy of the private law model which historically has governed the Government's liability in contract. The paper's overarching objective is to question the propriety of applying private law principles to a public entity, particularly within the context of liberal democratic values to which both the Canadian State and society are pledged. In accord with McAuslan, it regards theoretical inquiry as significant. It asserts that if the current model of State liability collides with fundamental Canadian political constructs, or …
Noncompete Agreements Under Florida Law: A Retrospective And A Requiem, Kendall B. Coffey, Thomas F. Nealon, Iii
Noncompete Agreements Under Florida Law: A Retrospective And A Requiem, Kendall B. Coffey, Thomas F. Nealon, Iii
Florida State University Law Review
No abstract provided.
Contract Warranties And Remedies: A Comprehensive Survey Of The Creation, Modification And Exclusion Of Contract Warranties And Remedies For Attorneys And Contracting Professionals, Joseph J. Corey Jr.
Contract Warranties And Remedies: A Comprehensive Survey Of The Creation, Modification And Exclusion Of Contract Warranties And Remedies For Attorneys And Contracting Professionals, Joseph J. Corey Jr.
Campbell Law Review
This article discusses the types of warranties and remedies that are available by contract and by operation of the law. It also discusses how these warranties and remedies can be limited, waived, and excluded by contract language, actions of the parties, and operation of the law.
Voluntary Commercial Arbitration: Carefully Constructed Contract Clauses Can Cure Countless Conflicts, 25 J. Marshall L. Rev. 309 (1992), Barry C. Silverman
Voluntary Commercial Arbitration: Carefully Constructed Contract Clauses Can Cure Countless Conflicts, 25 J. Marshall L. Rev. 309 (1992), Barry C. Silverman
UIC Law Review
No abstract provided.
The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz
The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz
Maryland Law Review
No abstract provided.
The Enforceability Of Religious Upbringing Agreements, 25 J. Marshall L. Rev. 655 (1992), Martin Weiss, Robert Abramoff
The Enforceability Of Religious Upbringing Agreements, 25 J. Marshall L. Rev. 655 (1992), Martin Weiss, Robert Abramoff
UIC Law Review
No abstract provided.
Section 1983 And The Collateral Source Rule, Linda L. House
Section 1983 And The Collateral Source Rule, Linda L. House
Cleveland State Law Review
This note examines the different approaches to the application of the collateral source rule among federal and state courts entertaining §1983 actions and the principles which should be applied by courts to resolve the choice of law problem raised by the rule. The first section discusses the common law collateral source rule and recent state legislative alterations and abrogation of it. The second section explores current applications of the collateral source rule in federal and state courts entertaining §1983 actions. The third section suggests principles which should guide courts in their applications of the collateral source rule. This section further …
Striking The Balance In Contract History, Joel Levin, Banks Mcdowell
Striking The Balance In Contract History, Joel Levin, Banks Mcdowell
Cleveland State Law Review
The past three decades have seen an enormous amount of writing by Anglo-American scholars about contract theory. If nothing else, this demonstrates the almost universal perception that there are serious problems with the received theory of contract, the product of giants like Holmes, Williston, Cardozo and Corbin. This theoretical activity, instead of creating a new paradigm, has produced divergent theoretical approaches with various bands of scholars striking off in quite different directions, and in the process leaving most judges and lawyers back at the starting point. What should we be trying to do when we build a contract theory for …