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Full-Text Articles in Law
Langdell And The Foundation Of Classical Contract Law, Daniel P. O’Gorman
Langdell And The Foundation Of Classical Contract Law, Daniel P. O’Gorman
Cleveland State Law Review
In the late nineteenth and early twentieth centuries, scholars seeking to bring order to the common law developed what has since become known as classical contract law. Its leading architects were Christopher Columbus Langdell, Oliver Wendell Holmes, Jr., and Samuel Williston, and their efforts involved seeking to provide an objective foundation for contract law. Any idea, however, that these three worked in coordination to create classical contract law would be mistaken. Holmes is considered a relentless critic of Langdell, and even Williston distanced himself from Langdell. This Article identifies in what ways Holmes and Williston differed from Langdell in their …
Dikai Emporikai: A Response To Alberto Maffi, Mark J. Sundahl
Dikai Emporikai: A Response To Alberto Maffi, Mark J. Sundahl
Law Faculty Articles and Essays
No abstract provided.
Visual Clarity In Contract Drafting, Karin Mika
Visual Clarity In Contract Drafting, Karin Mika
Law Faculty Articles and Essays
No abstract provided.
The Promissory Character Of Adequate Assurances Of Performance, Michael J. Borden
The Promissory Character Of Adequate Assurances Of Performance, Michael J. Borden
Law Faculty Articles and Essays
Part I provides the reader with an account of the development of the doctrine of adequate assurances from its earliest roots in the doctrine of anticipatory repudiation. Part II explains the workings of the modern doctrine in the context of a recent case. In Part III, I argue that promises made in response to a demand for adequate assurances can be understood as a class of enforceable promises. In Parts IV and V, I attempt to work out the back-end consequences that would result from treating assurances as enforceable promises.
Nursing Home Contracts: Is It Time For Bad Faith To Come Out Of Retirement?, Charles A. Lattanzi
Nursing Home Contracts: Is It Time For Bad Faith To Come Out Of Retirement?, Charles A. Lattanzi
Journal of Law and Health
For certain types of contracts, the remedy for the breach of the implied duty of good faith and fair dealing has been found to lie in tort. Until the Supreme Court's ruling in Pilot Life Ins. Co. v. Dedeaux, courts were rapidly extending the application of the tort of bad faith breach of contract into areas beyond the traditionally accepted realm of insurance contracts. Most significant for the purposes of this note was the expansion into the area of health care services, specifically health maintenance organizations. Perhaps because of the chilling effect Pilot Life has had upon this form of …