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Full-Text Articles in Law
Confronting Adr Agreements' Contract/No-Contract Conundrum With Good Faith, Amy J. Schmitz
Confronting Adr Agreements' Contract/No-Contract Conundrum With Good Faith, Amy J. Schmitz
Faculty Publications
This Article explores the intricate problem, or conundrum, of enforcing "Alternative Dispute Resolution ('ADR') agreements" that require mediation or other non-binding dispute resolution procedures. Although public policy supports ADR, courts' inadequate analysis of ADR agreements is threatening their vitality. Instead of properly considering the flexible nature of these agreements, courts assume formalist contract or no-contract conclusions similar to those they impose on what Professor Charles Knapp has termed "contracts to bargain." ADR agreements and other contracts to bargain pose enforcement problems because they require parties' cooperation without specifying what cooperation means or how to enforce such flexible duties. This Article …
Mistake And Disclosure In A Model Of Two-Sided Informational Inputs, Michael J. Borden
Mistake And Disclosure In A Model Of Two-Sided Informational Inputs, Michael J. Borden
Missouri Law Review
This paper will examine some theoretical aspects of contractual non-disclosure and the related doctrine of unilateral mistake. These two legal rubrics are conceptually similar; each is concerned with the degree to which parties must communicate their understandings about the nature of the contract into which they are about to enter. If one party fails to reveal enough information, the other party may enter into the agreement under a misunderstanding and consequently may attempt to avoid contractual liability on the basis of mistake or on a theory of nondisclosure. The law of contracts clearly attaches a great deal of importance to …