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Full-Text Articles in Law

Using The Common Law Of Contracts To Police Abusive Terms In Hospital Admissions Agreements: Balancing Freedom Of Contract With Fairness, George A. Nation Iii Oct 2023

Using The Common Law Of Contracts To Police Abusive Terms In Hospital Admissions Agreements: Balancing Freedom Of Contract With Fairness, George A. Nation Iii

Dickinson Law Review (2017-Present)

Standard hospital admissions contracts (“HACs”) often contain provisions that are shockingly unfair, but are easily overlooked or misunderstood by patients. Hospitals rely on the common law of contracts, especially the doctrine of freedom of contract, to claim that these provisions should be enforced. Many courts have accepted the freedom of contract argument and enforced some or all of these provisions.

This Article suggests that courts are in error to enforce these harsh provisions against patients. This Article focuses on four harsh provisions commonly found in HACs. First is the payment provision which is opaque, misleading, and designed to allow hospitals …


Preface To The Gateway Thread, Deborah Post Mar 2016

Preface To The Gateway Thread, Deborah Post

Touro Law Review

No abstract provided.


Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh Mar 2016

Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh

Touro Law Review

No abstract provided.


Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon Mar 2016

Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon

Touro Law Review

No abstract provided.


Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak Nov 2012

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Touro Law Review

No abstract provided.


Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit, Andrew T. Langford Oct 2012

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

IP Theory

No abstract provided.


Williston: A Treatise On The Law Of Contracts, Collins J. Seitz Feb 1958

Williston: A Treatise On The Law Of Contracts, Collins J. Seitz

Michigan Law Review

A Review of A Treatise on the Law of Contracts. By Samuel Williston.


Construction Of Written Instruments, Richard R. Powell Feb 1939

Construction Of Written Instruments, Richard R. Powell

Indiana Law Journal

This article is part of a series of lectures delivered before the Law Institute of the Indianapolis Bar Association in December 1938. A further installment will appear in the April issue of the Journal.


Elements Of A Contract, By Victor Morawetz, Paul L. Sayre Jan 1927

Elements Of A Contract, By Victor Morawetz, Paul L. Sayre

Indiana Law Journal

No abstract provided.