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Full-Text Articles in Law
Narrow, Narrower, Narrowest: Appropriate Force Majeure Specificity, Tayzlie T. Haack, Max A. Esplin
Narrow, Narrower, Narrowest: Appropriate Force Majeure Specificity, Tayzlie T. Haack, Max A. Esplin
Brigham Young University Prelaw Review
Imagine you are the owner of a small construction company and
are contracted to build a large office building. As is customary, you
signed a contract agreeing to complete the building by a specific
deadline for a set amount of money. Included is a brief force majeure
clause, which allows you to be relieved of the contract in the case of
“unforeseeable circumstances” that might prevent completion of the
project. During construction, heavy tariffs affect your main suppliers,
exponentially increasing the projected cost of completing the
project. Your company cannot afford the supplies necessary to complete
the building, and you …
Why Choose Ltas? An Empirical Study Of Ohio Manufacturers’ Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice
Why Choose Ltas? An Empirical Study Of Ohio Manufacturers’ Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice
American University Business Law Review
This Article contributes to recent scholarship regarding Long Term Agreements (“LTAs”) by providing empirical evidence that suppliers are more likely to undertake the costs of an LTA if the transaction requires significant capital expenditures or the potential for large sunk costs. Through a survey of a random group of sixty-three Ohio manufacturers, the Article explores why manufacturers with a full range of contractual and non-contractual solutions might choose one set of arrangements over others.1 It then seeks to link its findings to a broader theory of how parties bargain to solve durable problems under conditions of uncertainty, sunk costs, and …
Cullinane V. Uber Technologies, Inc., Carly Schreiber
Cullinane V. Uber Technologies, Inc., Carly Schreiber
NYLS Law Review
No abstract provided.
Revisiting The Enforceability Of Online Contracts: The Need For Unambiguous Assent To Inconspicuous Terms, Tom Mozingo
Revisiting The Enforceability Of Online Contracts: The Need For Unambiguous Assent To Inconspicuous Terms, Tom Mozingo
Seattle University Law Review
In determining the enforceability of online contracts, namely those formed from the use of smartphone applications, courts typically look to whether the contract terms were reasonably conspicuous or communicated to the consumer. With the rise of “browse-wrap” contracts, where terms are not directly communicated to the consumer or where the consumer is not required to click the equivalent of an “I agree” button clearly manifesting assent to the terms, courts have inconsistently applied the reasonable communicativeness standard to the detriment of consumers and application developers alike. This Comment will explore the development of browse-wrap contracting jurisprudence and the need to …
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Touro Law Review
No abstract provided.