Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Law
Illegal Agreements And The Lesser Evil Principle, Chunlin Leonhard
Illegal Agreements And The Lesser Evil Principle, Chunlin Leonhard
Catholic University Law Review
When parties enter into an illegal agreement and bring a dispute arising from the transaction before a court, the court finds itself in a difficult position. The court is faced with two competing interests: the importance of both upholding and protecting the dignity of the law and honoring inherent principles of U.S. contract law - freedom of contract and individual autonomy. There exists a common misconception that courts, when presented with illegal contracts, follow the rule of non-enforcement. However, an examination of case law indicates that courts are instead concerned with the consequences of their choices, and have consistently followed …
Depersonalization Of Personal Service Contracts: The Search For A Modern Approach To Assignability, Larry A. Dimatteo
Depersonalization Of Personal Service Contracts: The Search For A Modern Approach To Assignability, Larry A. Dimatteo
Akron Law Review
The ever-evolving nature of modem commercial transactions dictates the need to review the common law area of personal service contracts. Namely, that when a court labels a contract as one for "personal service," in contrast to the general rule of assignability, it is per se nonassignable. A review of this exception to assignability is suggested when one views the dramatic change in the nature of personal service contracts as well as their increasing popularity.
Judicial Treatment Of California’S Anti-Deficiency Legislation Section 580b: Is It Effective?, Cole F. Morgan
Judicial Treatment Of California’S Anti-Deficiency Legislation Section 580b: Is It Effective?, Cole F. Morgan
The Journal of Business, Entrepreneurship & the Law
Short sales of real property represent approximately a quarter of all homeowner transactions. Recently, short sales passed foreclosures as the preferred method in home sales due to the ease of sale. Coker v. JP Morgan Chase Bank, N.A., has ruled lenders of a purchase-money mortgage may not pursue a deficiency judgment after the short sale of a home. Essentially, this means after the sale is completed and the lender has obtained the proceeds from the sale, if there is a deficiency, they may not personally hold the borrower liable for the remaining debt of the mortgage. The ruling was established …
A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thürmann
A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thürmann
Georgia Journal of International & Comparative Law
No abstract provided.