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Articles 31 - 32 of 32
Full-Text Articles in Law
American Contract Law At The Turn Of The Century, Walter Pratt
American Contract Law At The Turn Of The Century, Walter Pratt
Journal Articles
Today, courts are finding agreements to be a contract that historically would have been found to be unenforceable. During the past century, when America became a modern urban society, contract law has underwent a major transformation. Economic expansion led to a new contracting practice of reduced specificity in the terms of the agreements. The judges recognized that the doctrines of the past were no longer adequate for the new commercial world, and modified the court doctrines to embrace this greater uncertainty in terms. This Article looks to the emergence of the doctrine of ‘good faith’ as the key to understanding …
Reliance Interest In Marriage And Divorce, Margaret F. Brinig, June Carbone
Reliance Interest In Marriage And Divorce, Margaret F. Brinig, June Carbone
Journal Articles
The first part of this article examines the changing nature of reliance on marriage as the relationship between the spouses and the role of the family has changed. The second section defines the ‘reliance interest,’ as that term has been used to describe contract damages, discusses its application to marriage, and examines the implications for the role of ‘fault’ in the financial allocations to be made upon divorce. The third section describes the varying state reactions to the adoption of no fault divorce and assesses the ability of existing law to protect the reliance interest in marriage. Finally, this article …