Law Commons^™

Contracts-Breach Distinguished From Rescission

Indiana Law Journal

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

Washington and Lee Law Review

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

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

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 …

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

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

Nevada Law Journal

No abstract provided.

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

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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

American Indian Law Review

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

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.

Sovereign Immunity: Should The Sovereign Control The Purse?, Thomas P. Schlosser

American Indian Law Review

No abstract provided.

Dear Sir Or Madam: You Cannot Contract In A Closet, David J. Depippo

University of Richmond Law Review

This comment will examine this seemingly basic question through the lens of two recent Gateway cases. In Hill v. Gateway 2000, Inc., the Seventh Circuit held that the Standard Terms were part of the sales agreement, and thus, the consumer was bound by them. The United States District Court for the District of Kansas, in Klocek v. Gateway, Inc., however, held that the contract for sale had been made when the seller identified the computer for shipping, or at the very least, shipped the computer, and thus, the Standard Terms were merely proposals of additional terms to which the consumer …

Finding Fault With Wonnell's "Two Contractual Wrongs", George M. Cohen

San Diego Law Review

Professor Christopher Wonnell's excellent paper, Expectation, Reliance, and the Two Contractual Wrongs,' makes two basic points,

both of which I find convincing, but neither of which contract scholars generally appreciate and accept. The first point, largely descriptive and so less controversial, is that the concepts of expectation and reliance are not simply two different ways of conceiving compensation; rather, they are two different ways of conceiving contractual wrongs from both a moral and an economic perspective.2 From a moral perspective, expectation damages remedy the wrong of breaching a contractual promise that should have been performed. Reliance damages remedy the wrong …

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 …

Remedies For Imperfect Transactions In Contracts And Torts, David W. Barnes

San Diego Law Review

The papers by Professors DeLong, Wonnell, and Kelly in this Symposium address different types of imperfect transactions. Promises that are the subject of section 90 of the Restatement (Second) of Contracts are imperfect in the sense that they lack consideration or are disclaimed in subsequent, formalized, written contracts.' Section 90 authorizes courts to find remedies for reasonable but fruitless expenditures induced by parties who make promises on which they should reasonably expect others to rely.2 Professor DeLong decries courts' formalist strategies for enforcing disclaimers that eliminate these promisors' potential liability for intentionally imperfect transactions.' Taking Professor DeLong's analysis of imperfect …

The Recording Artist Agreement: Does It Empower Or Enslave, Lynn Morrow

Vanderbilt Journal of Entertainment & Technology Law

In June 2000, Courtney Love, the controversial lead singer of the rock group Hole, lambasts, among other things, record company profits. In an essay entitled "Courtney Love Does the Math," she maintains that a recording artist agreement is itself a form of music piracy. She tells a compelling story about a band and a record company. As a result of a bidding war between the major labels, the band was given what is considered a huge deal-a twenty percent artist royalty and a million dollar advance. Providing a breakdown of how the million dollars was spent, Ms. Love calculates that, …