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Full-Text Articles in Law

Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, Thea Mutiara Khalifa Jul 2024

Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, Thea Mutiara Khalifa

Journal of Private International Law Studies

This article attempts to shed light on how the United Nations Convention on Contracts of the International Sale of Goods 1980 (CISG) regulates the validity of international sales contracts, using juridical normative research methods through literature studies. According to Article 4(a) of the CISG, the Convention does not govern matters on validity, with certain exceptions. This research shows that CISG governs some matters pertaining to validity: formal validity, initial impossibility of performance, and open-price contracts. As seen from the cases of Forestal Guarani v. Daros International and Geneva Pharmaceuticals v. Barr Laboratories, the CISG allocates those validity issues that do …


Mistaken Identity And Its Effect On Contractual Validity: Some Cases Frm The English Courts, Anthony Finucane Jul 2015

Mistaken Identity And Its Effect On Contractual Validity: Some Cases Frm The English Courts, Anthony Finucane

Akron Law Review

The doctrine of mistake has grown increasingly complicated with the passage of time. Nowhere is that complexity more obvious than in the area of unilateral mistake, of which the distinguishing feature is that the mistake made by one party is known to, and almost invariably induced by the fraud of, the other.


Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa May 2015

Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa

Georgia Journal of International & Comparative Law

No abstract provided.


Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen Feb 2015

Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen

Georgia Journal of International & Comparative Law

No abstract provided.


Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand Dec 2011

Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand

Michael A Helfand

This article sketches some possible limitations on the impact AT&T Mobility v. Concepcion will have going forward. While many have seen the Supreme Court’s decision as simultaneously signaling an end to the viability of class action lawsuits and undermining principles of federalism, there may be reasons to believe that it will not have implications quite so far reaching. Specifically, this article proposes three reasons why Concepcion’s impact may be limited. First, the decision lends itself to a more narrow reading, which simply demands that courts take the entire of an arbitration agreement into account before deploying common law defenses to …


Further Concerning Illicit Cohabitation Of Parties As Affecting Contracts Made Between Them - Lynch V. Rogers Jan 1941

Further Concerning Illicit Cohabitation Of Parties As Affecting Contracts Made Between Them - Lynch V. Rogers

Maryland Law Review

No abstract provided.


Contracts - Restraint Of Trade - Legality Of Covenant Restricting Use Of Land By The Purchaser Where No Goodwill Transferred, Thomas K. Fisher Feb 1939

Contracts - Restraint Of Trade - Legality Of Covenant Restricting Use Of Land By The Purchaser Where No Goodwill Transferred, Thomas K. Fisher

Michigan Law Review

Defendants' intestate, who owned large interests in two lime companies operating in Washington and California, entered into a contract for the sale of a tract of land to plaintiff's predecessor in title. The contract contained a restrictive covenant to the effect that the grantee, or those claiming under him, would not use any of the limerock in said land for the purpose of making lime. Subsequently the grantor died, and the conveyance and execution of a deed, which included within its provisions the restrictive covenant, were made by the administrator of grantor's estate, pursuant to court order. Plaintiff brought an …


Corporations-Contracts By Foreign Corporations Before Compliance With Statutes Governing Admission-Validity Apr 1935

Corporations-Contracts By Foreign Corporations Before Compliance With Statutes Governing Admission-Validity

Indiana Law Journal

No abstract provided.


Taxation-State Taxes Upon Federal Instrumentalities-Who May Raise Question Of Unconstitutionality Mar 1935

Taxation-State Taxes Upon Federal Instrumentalities-Who May Raise Question Of Unconstitutionality

Michigan Law Review

In connection with the performance of a contract with the federal government, the plaintiff corporation was required to pay a state sales tax on lumber, cement, steel and other materials used in the construction work. An action was brought to enjoin the collection of the tax and to have it declared unconstitutional as impeding and hampering the federal government in the performance of its governmental functions, and as depriving the plaintiff of its property without due process of law. Held, the plaintiff is not a proper party to raise the question of the constitutionality of the tax: first, because …


The Public Policy Of Contracts To Will Future Acquired Property, Joseph H. Drake Jan 1909

The Public Policy Of Contracts To Will Future Acquired Property, Joseph H. Drake

Articles

The general subject of wills upon consideration seems to have given courts and jurists a good deal of trouble, not only in England and America, but also in the continental countries. The Code Napoleon appears in terms actually to prohibit the making of reciprocal or mutual wills in the same instrument.


Invalid Contracts For Contingent Fees, James H. Brewster Jan 1908

Invalid Contracts For Contingent Fees, James H. Brewster

Articles

It is not unusual that agreements between attorneys and clients providing for contingent fees contain a stipulation to the effect that no settlement of the controversy concerning which there is a bargain for fees shall be made by the client without the attorney's consent. In the recent case of Davy et at. v. Fidelity and Casualty Ins. Co., 85 N. E. 504, the Supreme Court of Ohio condemns such an agreement as champertous and, by the citation of many Ohio decisions, "demonstrates that this court has always maintained a consistent and unambiguous attitude in regard to contracts of the kind …