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Full-Text Articles in Law
Expectation Damages, The Objective Theory Of Contracts, And The "Hairy Hand" Case: A Proposed Modification To The Effect Of Two Classical Contract Law Axioms In Cases Involving Contractual Misunderstandings, Daniel P. O'Gorman
Kentucky Law Journal
No abstract provided.
Reconsidering The Reliance Interest, Christopher W. Frost
Reconsidering The Reliance Interest, Christopher W. Frost
Law Faculty Scholarly Articles
This essay discusses the place of Fuller and Perdue's The Reliance Interest in Contract Damages in the contracts classroom. After first describing my use of The Reliance Interest, I will set out what I consider to be the pedagogical benefits of beginning the course with remedies and the attractiveness of Fuller and Perdue's analytical model in conveying an understanding of the remedial structure. Next, I will discuss the views of critics Craswell, Kelly and Barnes. Finally, I will revisit the place of Fuller and Perdue's work in the contracts course in light of these criticisms.
They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg
They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg
Law Faculty Scholarly Articles
"[B]eyond the pale" is how the drafters of Article Nine of the Uniform Commercial Code regarded tort claims. They considered tort claims to be noncommercial assets inappropriate for inclusion as collateral within the scope of a commercial financing statute. Tort claims may not be out-of-bounds much longer. The Article Nine Study Committee of the Permanent Editorial Board for the Uniform Commercial Code recommends expansion of the Article's scope to encompass security interests in claims arising out of tort. This recommendation is significant. Tort causes of action comprise an ever-expanding universe of civil wrongs for which courts afford redress. The owners …
Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg
Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg
Law Faculty Scholarly Articles
This article focuses on two classes of commercial paper issues. Section I considers the Uniform Commercial Code rules relevant to determining whether a corporation or its agents are bound by contracts made upon a negotiable instrument. Application of these rules continues to be an important and recurrent source of legal disputes. Section II considers the rights of corporations or their agents to obtain holder status prerequisite to enforcing commercial paper contracts. Problems relating to the attainment of this status can result from corporate engagement in joint-enterprise with artificial or natural persons and from the linkage of corporations through common ownership …
Surrogate Gestation And The Protection Of Choice, Louise E. Graham
Surrogate Gestation And The Protection Of Choice, Louise E. Graham
Law Faculty Scholarly Articles
Proponents of surrogate gestation contracts base their case on both the constitutional privacy rights of persons involved in the contract and the notion that contractual agreements are capable of sufficiently protecting all interests involved. This article first speculates on how courts might handle surrogate gestation contracts under existing laws and offers arguments for and against such contracts. Although some commentary on the contractual aspect of the agreement exists, little attention has been given to the privacy arguments of the parties. The major focus of this article, therefore, is upon the nature of the privacy claims asserted by the prospective parents …
Choice Of Forum Clauses In International And Interstate Contracts, James T. Gilbert
Choice Of Forum Clauses In International And Interstate Contracts, James T. Gilbert
Kentucky Law Journal
No abstract provided.
Historical Development Of The Law Of Contracts To Devise Or Bequeath, Bertel M. Sparks
Historical Development Of The Law Of Contracts To Devise Or Bequeath, Bertel M. Sparks
Kentucky Law Journal
No abstract provided.
Specific Performance Of Contracts For Sale Of Non-Unique Standing Timber For Immediate Severance, John M. Kinnaird
Specific Performance Of Contracts For Sale Of Non-Unique Standing Timber For Immediate Severance, John M. Kinnaird
Kentucky Law Journal
No abstract provided.
Key To Understanding The Law Of Contracts, Hugh Evander Willis
Key To Understanding The Law Of Contracts, Hugh Evander Willis
Kentucky Law Journal
No abstract provided.
Compromise Of Contract Claims--A Criticism Of Tanner V. Merrill, Rosanna A. Blake
Compromise Of Contract Claims--A Criticism Of Tanner V. Merrill, Rosanna A. Blake
Kentucky Law Journal
No abstract provided.
Can A Third Party Beneficiary Who Is Not A Payee Enforce A Contract For His Benefit?, E. R. Webb
Can A Third Party Beneficiary Who Is Not A Payee Enforce A Contract For His Benefit?, E. R. Webb
Kentucky Law Journal
No abstract provided.
Consideration--Performance Of Existing Legal Obligation As Consideration For A New Contract, William R. Knuckles
Consideration--Performance Of Existing Legal Obligation As Consideration For A New Contract, William R. Knuckles
Kentucky Law Journal
No abstract provided.
Contracts--Is A New Amortization Plan For Payment Of A Mortgage Contract A Novation In Kentucky?, W. L. Matthews Jr.
Contracts--Is A New Amortization Plan For Payment Of A Mortgage Contract A Novation In Kentucky?, W. L. Matthews Jr.
Kentucky Law Journal
No abstract provided.
Married Women's Suretyship Contracts In The United States, Phillip Schiff
Married Women's Suretyship Contracts In The United States, Phillip Schiff
Kentucky Law Journal
No abstract provided.
Conflict Of Laws--What Law Governs The Validity Of A Contract In Kentucky, James D. Allen
Conflict Of Laws--What Law Governs The Validity Of A Contract In Kentucky, James D. Allen
Kentucky Law Journal
No abstract provided.
Damages--Liquidated Damages Or Penalty--In Contracts For Sale Of Goods To Be Manufactured By Seller, Thurman Todd
Damages--Liquidated Damages Or Penalty--In Contracts For Sale Of Goods To Be Manufactured By Seller, Thurman Todd
Kentucky Law Journal
No abstract provided.
Restatement Of The Law Of Contracts Annotated With Kentucky Decisions, Frank Murray
Restatement Of The Law Of Contracts Annotated With Kentucky Decisions, Frank Murray
Kentucky Law Journal
No abstract provided.
Certainty In Contracts, Henry W. Humble