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2001

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Articles 1 - 30 of 61

Full-Text Articles in Law

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan Dec 2001

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan

Faculty Publications By Year

No abstract provided.


Contracts-Breach Distinguished From Rescission Nov 2001

Contracts-Breach Distinguished From Rescission

Indiana Law Journal

No abstract provided.


Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Oct 2001

Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Trade Secrets, Non-Competes, and Unfair Competition held by UK/CLE in October 2001.


Contract Reconceived, Peter A. Alces Oct 2001

Contract Reconceived, Peter A. Alces

Faculty Publications

No abstract provided.


Could Fair Use Equal Breach Of Contract?: An Analysis Of Informational Web Site User Agreements And Their Restrictive Copyright Provisions, Matthew D. Walden Sep 2001

Could Fair Use Equal Breach Of Contract?: An Analysis Of Informational Web Site User Agreements And Their Restrictive Copyright Provisions, Matthew D. Walden

Washington and Lee Law Review

No abstract provided.


Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin Jun 2001

Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Should The Law Ignore Commercial Norms? A Comment On The Bernstein Conjuncture And Its Relevance For Contract Law Theory And Reform, Jason Scott Johnston Jun 2001

Should The Law Ignore Commercial Norms? A Comment On The Bernstein Conjuncture And Its Relevance For Contract Law Theory And Reform, Jason Scott Johnston

Michigan Law Review

Professor Bernstein's study of the interaction between private law and norms in the cotton industry is the latest installment in her ongoing investigation into the relationship between law and norms in trades ranging from the diamond market to grain and feed markets. Her incredibly detailed and thorough exploration of private lawmaking and commercial norms - and their interaction - stands as one of the most significant contributions to contract and commercial law scholarship made in the last half-century. The cotton industry study upon which I focus in this Comment not only reports fascinating findings about dispute resolution practices, but also …


Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein Jun 2001

Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein

Michigan Law Review

The cotton industry has almost entirely opted out of the public legal system, replacing it with one of the oldest and most complex systems of private commercial law. Most contracts for the purchase andsale of domestic cotton, between merchants or between merchants andmills, are neither consummated under the Uniform Commercial Code("Code") nor interpreted and enforced in court when disputes arise. Rather, most such contracts are concluded under one of several privately drafted sets of contract default rules and are subject to arbitration in one of several merchant tribunals. Similarly, most international sales of cotton are governed neither by state-supplied legal …


Las Transformaciones Funcionales De La Responsabilidad Civil : La Óptica Sistématica. Análisis De Las Funciones De Incentivo O Desincentivo Y Preventiva De La Responsabilidad Civil En Los Sistemas Del Civil Law, Gastón Fernández Cruz May 2001

Las Transformaciones Funcionales De La Responsabilidad Civil : La Óptica Sistématica. Análisis De Las Funciones De Incentivo O Desincentivo Y Preventiva De La Responsabilidad Civil En Los Sistemas Del Civil Law, Gastón Fernández Cruz

Gastón Fernández Cruz

No abstract provided.


Force Majeure, China & (And) The Cisg: Is China's New Contract Law A Step In The Right Direction, Donald L. Grace May 2001

Force Majeure, China & (And) The Cisg: Is China's New Contract Law A Step In The Right Direction, Donald L. Grace

San Diego International Law Journal

This paper is designed to provide the reader with a general understanding of the force majeure clauses of both the old and new Chinese contract laws and their relation to the CISG. Section II will delve deeper into the Chinese concepts of force majeure and historical and moderns beliefs concerning excuse of performance. Section III will analyze the various provisions that apply to a force majeure event within the FECL, namely Articles 24 and 25, as well as the damage provisions relating to a force majeure event. Section IV will analyze Article 79 of the CISG; provisions pertaining to a …


A "Frozen Exception" For The Frozen Embryo: The Davis "Reasonable Alternatives Exception", Jennifer L. Medenwald Apr 2001

A "Frozen Exception" For The Frozen Embryo: The Davis "Reasonable Alternatives Exception", Jennifer L. Medenwald

Indiana Law Journal

No abstract provided.


A Tale Of Two Creditors Under The Desultory Lien Creditor And Future Advances Provisions Of Revised Article 9, Natalie Cox Mar 2001

A Tale Of Two Creditors Under The Desultory Lien Creditor And Future Advances Provisions Of Revised Article 9, Natalie Cox

Nevada Law Journal

No abstract provided.


3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Mar 2001

3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 3rd Annual Computer & Technology Law Institute held by UK/CLE in March 2001.


When Do Rights Arise Under The Contracts (Rights Of Third Parties) Act 1999 (Uk)?, Tiong Min Yeo Mar 2001

When Do Rights Arise Under The Contracts (Rights Of Third Parties) Act 1999 (Uk)?, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

There are two aspects to the common law doctrine of privity of contract. The first, that a contract cannot impose liabilities on a third party, is not very controversial. The second, that in general a contract can only confer rights on parties to the contract even if it is clearly the intention of the contracting parties to benefit a third party, is highly controversial, and has been the subject of much judicial criticism.


Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz Feb 2001

Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz

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

No abstract provided.


Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal Jan 2001

Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan Jan 2001

The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan

Faculty Scholarship

No abstract provided.


Performance Risk, Form Contracts And Ucita, Leo L. Clarke Jan 2001

Performance Risk, Form Contracts And Ucita, Leo L. Clarke

Michigan Telecommunications & Technology Law Review

No scholarly commentator has suggested that the form contract rules provide a satisfactory answer to the commercial problem of performance risk. So, one might think that the dawn of the "information economy" would be a propitious time to implement a new doctrinal approach. Apparently not: the National Conference of Commissioners on Uniform State Laws (the "Conference") has promulgated a comprehensive commercial statute that fails to remedy or even modify the law of form contracts in purely commercial transactions. The Uniform Computer Information Transactions Act ("UCITA")--drafted to provide the background law for many of the most significant transactions in the information …


Just Say The "Magic Words": Advocating An Arbitration Clause Should Be Held To An Express Waiver Standard For The Doctrine Of Indian Sovereign Immunity--C&L Enterprises V. Citizen Band Potawatomi Indian Tribe, Jeremy Clinefelter Jan 2001

Just Say The "Magic Words": Advocating An Arbitration Clause Should Be Held To An Express Waiver Standard For The Doctrine Of Indian Sovereign Immunity--C&L Enterprises V. Citizen Band Potawatomi Indian Tribe, Jeremy Clinefelter

American Indian Law Review

No abstract provided.


New Horizons In Cartel Detection, Jonathan Baker Jan 2001

New Horizons In Cartel Detection, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Payment Methods For Consumer-To-Consumer Online Transactions, 35 Akron L. Rev. 1 (2001), David E. Sorkin Jan 2001

Payment Methods For Consumer-To-Consumer Online Transactions, 35 Akron L. Rev. 1 (2001), David E. Sorkin

UIC Law Open Access Faculty Scholarship

No abstract provided.


Downtown Code: A History Of The Uniform Commercial Code 1949-1954, 49 Buff. L. Rev. 359 (2001), Allen R. Kamp Jan 2001

Downtown Code: A History Of The Uniform Commercial Code 1949-1954, 49 Buff. L. Rev. 359 (2001), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.


Rock And Roll Royalties, Copyrights And Contracts Of Adhesion: Why Musicians May Be Chasing Waterfalls, 1 J. Marshall Rev. Intell. Prop. L. 163 (2001), Starr Nelson Jan 2001

Rock And Roll Royalties, Copyrights And Contracts Of Adhesion: Why Musicians May Be Chasing Waterfalls, 1 J. Marshall Rev. Intell. Prop. L. 163 (2001), Starr Nelson

UIC Review of Intellectual Property Law

Copyrights form the basis of every recording contract. When a recording artist signs his or her first recording contract, the artist retains the copyright in the musical work but transfers ownership of the sound recording to the record company. With respect to any subsequent recording contract, the artist is not on equal bargaining footing with the record company because the record company already owns certain copyrights in the previous recording. This Comment proposes that courts recognize this unequal bargaining power when construing what is, in effect, a contract of adhesion.


Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman Jan 2001

Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman

Scholarly Articles

No abstract provided.


Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder Jan 2001

Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder

Articles by Maurer Faculty

This article defends the decision to retain usage of trade, course of performance, and course of dealing in the revision of Article 1 of the Uniform Commercial Code. The article responds to recent neoformalist criticisms of the incorporation approach and offers a theoretical justification. Usage of trade and course of dealing should be understood as part of the parties' language, following Wittgenstein's understanding of language. Course of performance, which presents a weaker case in terms of language, should be understood as a legal formality, following Fuller's explanation of formalities. Thus understood, custom and conduct can be as important as written …


Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan Jan 2001

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan

Faculty Publications

What is the role of contract law in remedying breach? The question of the appropriate legal remedy, specific performance versus money damages, has provided adequate fodder for three decades of debate in the law and economics discourse. In the legal discipline at large, the topic has spurred centuries of debate, as illustrated by Oliver Wendell Holmes's famous line: “The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.” Holmes's approach to contractual remedy would evolve during the latter half of the twentieth century …


Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber Jan 2001

Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber

Law Faculty Articles and Essays

Tort reform emanates, for our purposes, from two primary bodies: state judicial and legislative branches. The vast panoply of congressional and regulatory federal action that bears on the protections afforded and rights to recover for persons within their ambit is a subject for another day. Similarly, the rare areas in which the Supreme Court of the United States establishes federal common law are subjects for another day. On a national scale, the impetus for state legislative reform action can be found in a series of landmark decisions that were soon adopted, in largely similar form, by almost all state supreme …


Expectation, Reliance, And The Two Contractual Wrongs, Christopher T. Wonnell Jan 2001

Expectation, Reliance, And The Two Contractual Wrongs, Christopher T. Wonnell

San Diego Law Review

Expectation and reliance are concepts that continue to vie for priority as core organizing principles of contract law. The expectation and reliance interests appear to differ from each other both in how they conceptualize the essential wrong alleged in contract litigation and in how they would propose to remedy that wrong. Expectation views the wrong as the breaking of a promise, and seeks to remedy that wrong by awarding specific or substitutionary relief that will give the promisee the benefit of that promise.' Reliance views the wrong as the making of a promise that induced the promisee to change her …


Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell Jan 2001

Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell

Faculty Law Review Articles

This article considers whether providing additional content to the concept of good faith in the area of contract modification is possible or desirable. The article explores the modification puzzle and the issues of erratic justice that result from the nebulous nature of the UCC test, and evaluates an alternative test (the sequential approach) that scrutinizes each step of the modification process and imports the standard of reasonable grounds into this context.

Part II discusses terminology and fundamental concepts in this area of law, including the reasons for seeking a modification, the steps of a modification, and the typical defense to …


The Wharf (Holdings) Ltd. V. United International Holdings, Inc.: The Supreme Court Breaks Old Ground, Mark J. Loewenstein Jan 2001

The Wharf (Holdings) Ltd. V. United International Holdings, Inc.: The Supreme Court Breaks Old Ground, Mark J. Loewenstein

Publications

This article analyzes the Supreme Court's decision to decide only one federal securities law case, The Wharf (Holdings) Ltd. v. United International Holdings, Inc. On the face of it, the Court simply affirmed long-standing, uncontroversial tenets of Rule 10b-5. However, the article provides different explanations to the Court's decision.