Law Commons^™

Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Robert C. Beckman, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

One of the major controversies in the area of statutory interpretation has centred on the use of parliamentary materials as extrinsic aids by courts in interpreting legislation. The English courts long prohibited any reference to parliamentary materials.' Legislation was passed in Australia in the 1980s to allow liberal reference to parliamentary materials in the courts. More recently, a seminal decision of the House of Lords in 1992 in Pepper (Inspector of Taxes) v. Hart' introduced significant flexibility into the hitherto rigid proscription followed in the English courts, although it did not go as far as the legislative reforms in Australia. …

Revised Ucc Article 8: Why It's Needed, What It Does, James S. Rogers

James S. Rogers

No abstract provided.

Newsletter Vol.22 No.4 1993, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Decent And Indecent Proposals In The Law: Reflections On Opening The Contracts Discourse To Include Outsiders, Beverly Horsburgh

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild

Cornell Law Faculty Publications

No abstract provided.

Newsletter Vol.22 No.3 1994, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Enforcing Coasian Bribes For Non-Price Benefits: A New Role For Restitution, Tamar Frankel, Wendy J. Gordon

Faculty Scholarship

In Boomer v. Muir,¹ a subcontractor on a hydroelectric project continued to provide goods and services even though the value of the performance far exceeded the contract price. The general contractor, who was receiving these goods and services, breached the contract even though he was paying less than market price for them.²

In many states, a supplier in the subcontractor's position has among her options the choice of "rescission and restitution."³ That means the supplier may rescind the contract and seek, under the label of "restitution", payment set at market price (or at her cost)⁴ for …

Beyond G30: Update: A New Approach To The Commercial Law Of Securities Holding Through Intermediaries: The Proposed Revisions Of Article 8 Of The United States Uniform Commercial Code, James S. Rogers

James S. Rogers

No abstract provided.

Arkansas's Revised Article 3: User Caution Advised, Sarah Howard Jenkins

University of Arkansas at Little Rock Law Review

No abstract provided.

Standards For Revising Article 2 Of The U.C.C.: The Nom Clause Model, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Freedom Of Contract: The Trojan Horse Of Rule 10b-5, Margaret V. Sachs

Washington and Lee Law Review

No abstract provided.

Contract Formation And Modification Under Revised Article 2, Richard E. Speidel

William & Mary Law Review

No abstract provided.

Contracts In Wonderland: A Fable Regarding The Administrative Adjudication Of Qualifying Facility Contracts In California, Arturo Gandara

San Diego Law Review

This Article is a call for reconsideration of the practice and judicial sanction of the administrative adjudication of contracts. It conducts a detailed examination of the adjudication of Qualifying Facility contracts by rate regulatory agencies. The broader case regarding the adjudication of contracts by administrative agencies is made to reveal the dimensions of matters of governance implicated by agency adjudication of contracts. The author concludes that regulatory bodies do not serve the best economic interests of society by adjudicating contract disputes.

Introduction To The Revision Of Article 2 Of The Uniform Commercial Code Symposium, Peter A. Alces

William & Mary Law Review

No abstract provided.

The Revision Of Article 2: Romancing The Prism, John E. Murray Jr.

William & Mary Law Review

No abstract provided.

Intangibles Contracts: Thoughts Of Hubs, Spokes, And Reinvigorating Article 2, Raymond T. Nimmer

William & Mary Law Review

No abstract provided.

Reinventing The Wheel, Marion W. Benfield Jr., Peter A. Alces

William & Mary Law Review

No abstract provided.

Towards The Creation Of An International Legal Regime For The Operation Of Eurocurrency Deposits, Edmund Kwaw Professor

Edmund Kwaw Professor

Eurocurrency deposits and placement transactions give rise to novel issues in international banking. The common law on the banker-customer rules is unable to deal with most of these issues. There is thus the need for an international legal regime to govern such deposit transactions.

Newsletter Vol.22 No.2 1994, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Arbitration Awards In Shaff V. Skahill, Jacob Frumkin

University of the District of Columbia Law Review

In Shaff v. SkahilP the District of Columbia Court of Appeals held that arbitrators' awards may only be reviewed if the moving party alleges a violation of the District of Columbia Uniform Arbitration Act.2 From a policy perspective, this decision may be read as subverting the very objective it purports to support encouraging the use of arbitration.3 In brief, this decision may discourage homeowners from agreeing to arbitrate disputes and appears to penalize those who do. Furthermore, this decision may be read as weakening the Home Improvement Business Act4 by providing a loophole for unlicensed and unbonded de facto contractors. …

Class, Personality, Contract, And Unconscionability, Jeffrey L. Harrison

William & Mary Law Review

No abstract provided.

Anotaciones Sobre La Ley De Defensa Del Consumidor, Martin Paolantonio, Salvador Bergel

Martin Paolantonio

Análisis inicial de la primera normativa de defensa del consumidor en la Argentina (ley 24.240)

Evolution Of Auditor Liability To Noncontractual Third Parties: Balancing The Equities And Weighing The Consequences, Jodi B. Scherl

American University Law Review

No abstract provided.

Constructing The Insurance Relationship: Sales Stories, Claims Stories, And Insurance Contract Damages, Tom Baker

All Faculty Scholarship

No abstract provided.

A Contractual Approach To Data Privacy, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

Contract Renegotiation, Mechanism Design, And The Liquidated Damages Rule, Eric L. Talley

Faculty Scholarship

The common law practice of refusing to enforce contractual penalties has long mystified law and economics scholars. After critiquing the prevailing law and economics analyses of the common law rule, Eric L. Talley reevaluates the penalty doctrine using the game theoretic technique of mechanism design, which facilitates the analysis of multiparty bargaining situations under various assumptions. Using this technique to model the allocational consequences of various enforcement regimes that courts might adopt with respect to stipulated damages clauses, Mr. Talley finds that penalty nonenforcement can increase economic efficiency by discouraging strategic behavior by the parties, thereby inducing more efficient contract …

Wrong Side Of The Mountain: A Comment On Bad Faith's Unnatural History, Robert H. Jerry Ii

Faculty Publications

In this Comment, I will argue that courts have ignored bad faith's contractual heritage and have undervalued contract law's ability to respond to insurer misconduct. To draw upon Professor Powers's thoughtful analysis, I believe that courts invoked the tort paradigm before it was clear that the contract paradigm was inadequate. For lack of data, I will stop short of recommending where we should go from here, but I will suggest that our behavior in the face of bad faith liability in tort may have changed no less than the environment and that the perceived relative calm in the tort's current …

The Restoration Interest And Damages For Breach Of Contract , Eric G. Andersen

Maryland Law Review

No abstract provided.

Restrictive Covenants And Architectural Review: Some Suggested Standards, 27 J. Marshall L. Rev. 939 (1994), Allen Oshinski

UIC Law Review

No abstract provided.

Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White

Other Publications

In my experience, lawyers begin negotiating only after the business people have decided upon the description and quality of the product, the time of delivery, and the mode and amount of payment. The lawyers are left with the pathological problems--who gets what in case of trouble. Most of those problems relate to the seller's responsibility if the product does not conform to the contract or otherwise fails to please the buyer. These failures can cause economic loss to the buyer, economic loss to a remote purchaser, or personal injury or property damage to immediate or remote parties. Third parties may …