Law Commons^™

Methods Of Rectifying Invalid Contracts, Ibrahim Al Shall

UAEU Law Journal

The Jurists have given the contracts a special interest regarding division, order & calssification, in order to be easily understood. A contract can be classified as true or untrue according to the majority of jurists. According to AlHanafiya jurists, however, it is classified as true, bad and invalid.

One issue has not been highlighted or researched in depth. It is the subject of whether the contract is considered invalidated if it is doubted, disputed on the grounds of its authenticity or its signature. This research.

Jurisprudential Adaptation Of The Financial Relations With Joint Insurance Companies A Jurisprudential Practical Contemporary Study

UAEU Law Journal

The joint insurance system enforced in contemporary joint insurance companies is based on a set of contracts and complex relations to which modes and targets are integrated in total conformity with the provisions and principles of the Islamic jurisprudence. The following study came as a demonstration of the technical analysis and the jurisprudential adaptation of the main financial relations occurring within the joint insurance companies. The study has been divided into a preamble and four topics as well as a conclusion. The preamble, contained a set of methodical introductions and the terminology of the study, as well as the differences …

The Legality Of A Comprehensive Maintenance Contract Between Al-Gharar (Risk/Uncertainty) And Jurisprudential Need: An Analytical Purposive Study., Maher Haswa

UAEU Law Journal

The comprehensive maintenance contract is a type of contemporized contracts to which the general rules of contracts apply. Under the contract, one party has the obligation, periodically and in emergency cases, to perform the necessary acts to keep a certain property in a good condition for its use. The contract also states the agreed wages, tools and raw materials.

Many scholars have been reluctant to rule for the legality of the comprehensive maintenance contract because it involves uncertainty. This led the Islamic Fiqh Academy to postpone its ruling on the contract for more studies. Therefore, this research analyses the effect …

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White

Barry Law Review

No abstract provided.

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White

Barry Law Review

No abstract provided.

Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit, Andrew T. Langford

IP Theory

No abstract provided.

Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard

St. Mary's Law Journal

The Texas Supreme Court has failed to provide a bright-line test in determining whether reliance disclaimers are enforceable. A reliance disclaimer is a provision in a contract that disclaims all extra-contractual representations and provides that the contracting parties are not relying on any such representations. By including a reliance disclaimer, a contracting party may be attempting to immunize itself from liability for false statements made during negotiations. Even if a contracting party’s misrepresentations or non-disclosures were made with fraudulent intent, Texas law gives contracting parties broad freedom to contract around misrepresentation claims. In Forest Oil Corp. v. McAllen, the Texas …

The Unique Jurisprudence Of Letters Of Credit: Its Origin And Sources, Gao Xiang, Ross P. Buckley

San Diego International Law Journal

This Article seeks to illumine the legal nature of the letter of credit instrument, and catalogue the various sources of law and rules that can govern it; and, by doing so, render a service to those who must quickly come to grips with letter of credit law. The Article is in two parts. The first part examines the legal nature of the letter of credit by looking at its definition, operation, and history and by comparing it with negotiable instruments and contracts. The second part considers the rules, customs, and regulations governing letters of credit and introduces the two fundamental …

The Idea Of A Public Basis Of Justification For Contract, Peter Benson

Osgoode Hall Law Journal

The essay has two main objects. The first is to take up and to develop certain of the difficulties that Professor Trebilcock finds with autonomy and welfare-based theories of contract law. The essay reaches the conclusion that efficiency, autonomy, and welfare approaches suffer from fundamental and yet qualitatively different kinds of defects. Moreover, in the course of its critical examination of these theories, the essay introduces and makes explicit an ideal of justification which The Limits of Freedom of Contract only implicitly assumes-an ideal of justification which the essay, following the recent work of Rawls, calls a "public basis of …

A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts

St. Mary's Law Journal

The concept of good faith and fair dealing as a general derivative contractual obligation remains unrecognized in Texas. However, in English v. Fischer the Texas Supreme Court recognized a duty of good faith and fair dealing exists in some contracts. Subsequent courts, including the Texas Supreme Court, have refused to apply a purely contractual obligation of good faith and fair dealing in every case. Instead, courts have recognized a good faith duty as arising out of “special” relationships of the contracting parties rather than being inherent in the contract itself. The courts focus on “special relationships” as a determinative of …

Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland

St. Mary's Law Journal

A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …

Agreement, Mistake, And Objectivity In The Bargain Theory Of Conflict, Richard Bronaugh

William & Mary Law Review

No abstract provided.