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Contracts

2009

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Articles 1 - 30 of 194

Full-Text Articles in Law

Don't Bet On It: Casino's Contractual Duty To Stop Compulsive Gamblers From Gambling, Irina Slavina Dec 2009

Don't Bet On It: Casino's Contractual Duty To Stop Compulsive Gamblers From Gambling, Irina Slavina

Chicago-Kent Law Review

To address the problem of compulsive gambling, most states with commercial casinos have enacted statewide self-exclusion programs—a mechanism by which patrons petition to be physically removed from a casino if they are discovered on the premises. The casinos in the remaining states voluntarily instituted facility-based programs to assist problem gamblers in fighting their addiction.

But besides having any intended effect, these programs provided gamblers with a new ground for lawsuits—breach of contract. This note argues that neither states nor individual casinos should be liable to self-excluded patrons for breach of contract, even if they enter a casino and ...


Effective Use Of Non-Reliance Clauses: Satisfying Lowe V Lombank, Kee Yang Low Dec 2009

Effective Use Of Non-Reliance Clauses: Satisfying Lowe V Lombank, Kee Yang Low

Research Collection School Of Law

The inclusion in contracts of “non-reliance” clauses, as a means of pre-empting assertions of misrepresentation, has become commonplace. The validity and effectiveness of such clauses is another matter. This article discusses how a non-reliance clause may act as an evidential estoppel.


Goodbye Boiler-Plate: Practical Advice For Drafters Of Domestic And International Arbitration Agreements, Pamela Fulmer, Noel Rodriguez, M. Anderson Berry Nov 2009

Goodbye Boiler-Plate: Practical Advice For Drafters Of Domestic And International Arbitration Agreements, Pamela Fulmer, Noel Rodriguez, M. Anderson Berry

M. Anderson Berry

Parties agree to arbitrate disputes because, among other things, arbitration can be quicker and more flexible than judicial proceedings. This leads to advantages that all parties desire: decreased costs and better predictability of outcome. However, problems arise in domestic and international arbitrations that may defeat these advantages. As this article explains, well thought‐out and effective arbitration provisions can significantly reduce the incidence of these problems. While primarily relying on specific examples from the U.S. domestic sphere, this article also applies to the international sphere unless otherwise indicated.

The core assertion of this article is this: instead of cutting ...


A Pragmatic Defense Of Contract Law, Nathan B. Oman Nov 2009

A Pragmatic Defense Of Contract Law, Nathan B. Oman

Faculty Publications

No abstract provided.


Arbitration As An Alternative Means Of Settlement Of Disputes Arising Out Of Thailand's State Contracts Involving Foreign Direct Investments, Patcharang Chaiworamukkul Nov 2009

Arbitration As An Alternative Means Of Settlement Of Disputes Arising Out Of Thailand's State Contracts Involving Foreign Direct Investments, Patcharang Chaiworamukkul

Theses and Dissertations

This dissertation examines how the Office of the Attorney General of Thailand's mandates in reviewing state contracts might be improved in order to help enhance greater FDI flow toward Thailand. International arbitration would be stipulated within the "settlement of disputes" clause included in a state contract so as to assure and gain foreign investor's confidence. This dissertation has been conducted by examining all levels of relevant national legislation as well as international law, especially those international obligations that Thailand has entered into. Based upon such examination, there are at least two (2) problems and obstacles that make the ...


Civil Practice And Procedure, Hon. Jane Marum Roush Nov 2009

Civil Practice And Procedure, Hon. Jane Marum Roush

University of Richmond Law Review

No abstract provided.


The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Mik Nov 2009

The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Mik

Research Collection School Of Law

The ‘traditional’ classi?cation into ‘instantaneous’ and ‘non-instantaneous’ methods of communication must be abandoned. As all Internet transmissions are instantaneous, the choice between the principle of receipt and the postal exception must be based on other criteria. The focus must be shifted from communication devices to the characteristics of the communication process. The latter resembles either dealings face-to-face or dealings at a distance. This simple division should remain the basis for all analyses. Instantaneity and control are two of many characteristics of face-to-face dealings and are not the only factors to be taken into account when making the choice between ...


In Re Sigma Finance Corporation (In Administrative Receivership) And In Re The Insolvency Act 1986 [2009] Uksc 2 (29 Oct 09): Commentary, Chao-Hung Christopher Chen Nov 2009

In Re Sigma Finance Corporation (In Administrative Receivership) And In Re The Insolvency Act 1986 [2009] Uksc 2 (29 Oct 09): Commentary, Chao-Hung Christopher Chen

Research Collection School Of Law

The case of Sigma Finance Corp was about the priority of payment under a Security Trust Deed for a structured investment vehicle (SIV). In essence, the key issue in the case was about whether debts due within the ‘realisation period’ after the occurrence of an ‘enforcement event’ should be paid ahead of other shortterm creditors.


Sigma Finance Corporation And In Re The Insolvency Act 1986 [2009] Uksc 2 (Contract, Contractual Terms): Commentary, Chao-Hung Christopher Chen Nov 2009

Sigma Finance Corporation And In Re The Insolvency Act 1986 [2009] Uksc 2 (Contract, Contractual Terms): Commentary, Chao-Hung Christopher Chen

Research Collection School Of Law

The case of Sigma Finance Corp1 was about the priority of payment under a Security Trust Deed for a structured investment vehicle (SIV). In essence, the key issue in the case was about whether debts due within the ‘realisation period’ after the occurrence of an ‘enforcement event’ should be paid ahead of other short-term creditors.


Survey Of The Law Of Cyberspace: Introduction, Juliet Moringiello Oct 2009

Survey Of The Law Of Cyberspace: Introduction, Juliet Moringiello

Juliet M Moringiello

No abstract provided.


Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds Oct 2009

Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds

William L. Reynolds

No abstract provided.


Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds Oct 2009

Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds

Juliet M. Moringiello

No abstract provided.


Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne Oct 2009

Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne

Péter Cserne

This paper discusses why contract interpretation is substantially different from the interpretation of literary works and illustrates the argument with the analysis of the contra proferentem rule. It is a substantially revised version of my ‘Policy considerations in contract interpretation: the contra proferentem rule from a comparative law and economics perspective’ (2009)


Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds Oct 2009

Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds

William L. Reynolds

No abstract provided.


An Ontology For Autonomic License Management, Qian Zhao, Mark Perry Oct 2009

An Ontology For Autonomic License Management, Qian Zhao, Mark Perry

Mark Perry

The license agreement can be seen as the knowledge source for a license management system. As such, it may be referenced by the system each time a new process is initiated. To facilitate access, a machine readable representation of the license agreement is highly desirable, but at the same time we do not want to sacrifice too much readability of such agreements by human beings. Creating an ontology as a formal knowledge representation of licensing not only meets the representation requirements, but also offers improvements to knowledge reusability owing to the inherent sharing nature of such representations. Furthermore, the XML-based ...


Intent To Contract, Gregory Klass Oct 2009

Intent To Contract, Gregory Klass

Georgetown Law Faculty Publications and Other Works

There is a remarkable difference between black-letter contract laws of the United States and England. In England, the existence of a contract is supposedly conditioned on the parties' intent to be legally bound, while section 21 of the Second Restatement of Contracts states that "[n]either real nor apparent intention that a promise be legally binding is essential to the formation of a contract." There are also differences within U.S. law on the issue. While section 21 describes courts' approach to most contracts, the parties' intent to contact can be a condition of validity of preliminary agreements, domestic agreements ...


On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit, Stolt-Neilsen S.A., V. Animalfeed International, No. 08-1198 (U.S. Oct. 20, 2009), Cornelia T. Pillard Oct 2009

On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit, Stolt-Neilsen S.A., V. Animalfeed International, No. 08-1198 (U.S. Oct. 20, 2009), Cornelia T. Pillard

U.S. Supreme Court Briefs

No abstract provided.


El Contrato De Merchandising, Jose R. Nina Oct 2009

El Contrato De Merchandising, Jose R. Nina

Jose R. Nina Cuentas

El panorama en el que se desenvuelve el presente trabajo parte de atender al refinamiento de una practica comercial que busca promocionar la identificación y venta de bienes y servicios en una economía de mercado, en la cual se incentiva la habilidad y el ingenio de quienes saben hacerse de los mejores recursos, dentro de los marcos legales permitidos, para posicionarse por encima de sus competidores en el mercado.


¿Existe El Derecho De Desistimiento O La Terminación Unilateral Del Contrato?, Rómulo Morales Hervias Oct 2009

¿Existe El Derecho De Desistimiento O La Terminación Unilateral Del Contrato?, Rómulo Morales Hervias

Rómulo Morales Hervias

Análisis de las características y de las modalidades del derecho del desistimiento en la contratación. El desistimiento es la expresión de la libertad de desvincularse justificadamente de un contrato.


From Feudal Land Contracts To Financial Derivatives: The Treatment Of Status Through Specific Relief, John J. Chung Oct 2009

From Feudal Land Contracts To Financial Derivatives: The Treatment Of Status Through Specific Relief, John J. Chung

Law Faculty Scholarship

No abstract provided.


Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis Of Physician Non-Compete Clauses, Robert E. Steinbuch Oct 2009

Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis Of Physician Non-Compete Clauses, Robert E. Steinbuch

Faculty Scholarship

No abstract provided.


Failure Of A "Basic Assumption": The Emerging Standard For Excuse Under Mae Provisions, Nathan Somogie Oct 2009

Failure Of A "Basic Assumption": The Emerging Standard For Excuse Under Mae Provisions, Nathan Somogie

Michigan Law Review

The onset of the current economic crisis has led many strategic and financial acquirers to reconsider the desirability of transactions to which they had previously agreed. Because many of these agreements contain substantial termination fees, buyers have increasingly sought to be excused from their contractual obligations by invoking Material Adverse Effect ("MAE") provisions. Reliance on MAE clauses as a basis for termination has historically been risky due to a lack of clarity in the case law regarding the standard for excuse under such provisions. A recent decision by the Delaware Chancery Court, Hexion v. Huntsman, the third in a series ...


Vol. Ix, Tab 42 - Ex. 1 - Reporter's Transcript, Motions Hearing, September 18, 2009, United States District Court For The Eastern District Of Virginia Sep 2009

Vol. Ix, Tab 42 - Ex. 1 - Reporter's Transcript, Motions Hearing, September 18, 2009, United States District Court For The Eastern District Of Virginia

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Summary Of Dobron V. Bunch, 125 Nev. Adv. Op. No. 36, Kathleen Wilde Sep 2009

Summary Of Dobron V. Bunch, 125 Nev. Adv. Op. No. 36, Kathleen Wilde

Nevada Supreme Court Summaries

An appeal from an Eighth Judicial District Court award of attorney fees stemming from a guaranty agreement.


Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri Sep 2009

Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri

Pier Giuseppe Monateri

The Fault and the Law between East and West. In this article Monateri traces an unpreviewed parallel between two absolutely western paradigms and two remarkably chinese thoughts. First a parallel between Carl Schmitt and Xun Zi when the latter writes that “The superior man is the source of the Law” Secondo economic analysis and Lao Zi theory of law a san emerging order not a predetermined one.


Maybe Dick Speidel Was Right About Court Adjustment, Robert A. Hillman Sep 2009

Maybe Dick Speidel Was Right About Court Adjustment, Robert A. Hillman

Cornell Law Faculty Publications

In a symposium to honor Professor Richard Speidel, a giant in the field of contract and commercial law for over four decades, this contribution argues that Speidel may have been correct in asserting that, in limited circumstances, court adjustment of disrupted long-term contracts makes sense. I assert that nothing courts have decided or writers have analyzed since the ALCOA case proves that court adjustment is wrong-headed. But, as with so many policy issues, we may never identify the "best" judicial approach to disrupted long-term contracts because resolution depends on too many variables and unknowns.


Fighting For Respect: Mma's Struggle For Acceptance And How The Muhammad Ali Act Would Give It A Sporting Chance, Geoff Varney Sep 2009

Fighting For Respect: Mma's Struggle For Acceptance And How The Muhammad Ali Act Would Give It A Sporting Chance, Geoff Varney

West Virginia Law Review

No abstract provided.


Inducing Breach Of Contract, Conversion And Contract As Property, Pey Woan Lee Sep 2009

Inducing Breach Of Contract, Conversion And Contract As Property, Pey Woan Lee

Research Collection School Of Law

This article seeks to understand contractual rights through an examination of the possible ‘property’ content in contracts in the context of the inducement tort and conversion. It argues that, contrary to popular perception, contracts and property are different shades of a similar phenomenon. Not being a reified ‘thing’ with stable features and structure, property is a relative rather than an absolute concept. To determine whether the holder of an intangible resource ought to be conferred with ‘property’ or exclusive control of access to such resource, one has to evaluate the relevant practical, legal and moral considerations. Applied to the context ...


Void Contracts And The Applicability Of Choice Of Law Clauses To Consequential Restitutionary Claims: Cimb Bank Bhd V Dresdner Kleinwort Ltd [2008] 4 Slr 543, Adeline Swee Ling Chong Sep 2009

Void Contracts And The Applicability Of Choice Of Law Clauses To Consequential Restitutionary Claims: Cimb Bank Bhd V Dresdner Kleinwort Ltd [2008] 4 Slr 543, Adeline Swee Ling Chong

Research Collection School Of Law

This note examines the Singapore Court of Appeal’s judgment in CIMB Bank Bhd v Dresdner Kleinwort Ltd, focusing specifically on what role, if any, should be played by a choice of law clause contained in a void contract in relation to the restitutionary aftermath of voidness.


‘Void Contracts And The Applicability Of Choice Of Law Clauses To Consequential Restitutionary Claims: Cimb V Dresdner Kleinwort Ltd [2008] 4 Slr 543, Swee Ling Adeline Chong Sep 2009

‘Void Contracts And The Applicability Of Choice Of Law Clauses To Consequential Restitutionary Claims: Cimb V Dresdner Kleinwort Ltd [2008] 4 Slr 543, Swee Ling Adeline Chong

Research Collection School Of Law

This note examines the Singapore Court of Appeal’s judgment in CIMB Bank Bhd v Dresdner Kleinwort Ltd, focusing specifically on what role, if any, should be played by a choice of law clause contained in a void contract in relation to the restitutionary aftermath of voidness.