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Articles 1 - 30 of 56
Full-Text Articles in Law
Using Contract Law To Resolve Frozen Pre-Embryo Disputes, Allyson Wade
Using Contract Law To Resolve Frozen Pre-Embryo Disputes, Allyson Wade
Maryland Law Review
No abstract provided.
Upgrading Unconscionability: A Common Law Ally For A Digital World, Babette E. Boliek
Upgrading Unconscionability: A Common Law Ally For A Digital World, Babette E. Boliek
Maryland Law Review
No abstract provided.
De Facto Shareholder Primacy, Jeff Schwartz
Online Terms As In Terrorem Devices, Colin P. Marks
Online Terms As In Terrorem Devices, Colin P. Marks
Maryland Law Review
Online shopping has quickly replaced the brick-and-mortar experience for a large portion of the consuming public. The online transaction itself is rote: browse items, add them to your cart, and check out. Somewhere along the way, the consumer is likely made aware of (or at least exposed to) the merchant’s terms and conditions, via either a link or a pop-up box. Such terms and conditions have become so ubiquitous that most consumers would be hard-pressed to find a merchant that doesn’t try to impose them somewhere on their website. Though such terms and conditions are pervasive, most consumers do not …
The Error Theory Of Contract, Matthew A. Seligman
The Error Theory Of Contract, Matthew A. Seligman
Maryland Law Review
Many people have false beliefs about contract doctrine. That pervasive phenomenon has profound practical, theoretical, and normative implications that neither courts nor scholars have recognized. This Article will make three contributions to fill that gap. First, it will establish just how widespread the phenomenon is among non-lawyers. After synthesizing the existing evidence of false beliefs about contract law, it will contribute a new empirical study showing that between one-third and one-half of people falsely believe specific performance rather than damages is the remedy for breach.
The Article will then argue that people’s false beliefs about contract doctrine pose a fundamental …
Shawe V. Elting: The Imperfect Sale Of Transperfect Global, Inc., Sarah M. Samaha
Shawe V. Elting: The Imperfect Sale Of Transperfect Global, Inc., Sarah M. Samaha
Maryland Law Review
No abstract provided.
In Defense Of The Long Privacy Statement, Mike Hintze
In Defense Of The Long Privacy Statement, Mike Hintze
Maryland Law Review
No abstract provided.
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu
Maryland Law Review
Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …
From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds
From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds
Maryland Law Review
No abstract provided.
Copyright Preemption Of Contracts, Christina Bohannan
Copyright Preemption Of Contracts, Christina Bohannan
Maryland Law Review
No abstract provided.
Accrued Financial Services, Inc. V. Prime Retail, Inc.: Resurrecting Barratry Imposes Detour On Road To Modernization Of Maryland Contracts Jurisprudence, Ross Q. Panko
Maryland Law Review
No abstract provided.
Student Versus University: The University's Implied Obligations Of Good Faith And Fair Dealing, Hazel Glenn Beh
Student Versus University: The University's Implied Obligations Of Good Faith And Fair Dealing, Hazel Glenn Beh
Maryland Law Review
No abstract provided.
Good Faith In The Termination And Formation Of Federal Contracts, Frederick W. Claybrook Jr.
Good Faith In The Termination And Formation Of Federal Contracts, Frederick W. Claybrook Jr.
Maryland Law Review
No abstract provided.
The Restoration Interest And Damages For Breach Of Contract , Eric G. Andersen
The Restoration Interest And Damages For Breach Of Contract , Eric G. Andersen
Maryland Law Review
No abstract provided.
The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz
The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz
Maryland Law Review
No abstract provided.
Law And Equity In Contract Enforcement, Emily L. Sherwin
Law And Equity In Contract Enforcement, Emily L. Sherwin
Maryland Law Review
No abstract provided.
Distributive And Paternalist Motives In Contract And Tort Law, With Special Reference To Compulsory Terms And Unequal Bargaining Power, Duncan Kennedy
Distributive And Paternalist Motives In Contract And Tort Law, With Special Reference To Compulsory Terms And Unequal Bargaining Power, Duncan Kennedy
Maryland Law Review
No abstract provided.
Dual Nature Contracts And The Uniform Commercial Code - Foster V. Colorado Radio Corporation
Dual Nature Contracts And The Uniform Commercial Code - Foster V. Colorado Radio Corporation
Maryland Law Review
No abstract provided.
Holder In Due Course - The Requirements Of Good Faith And Notice - Financial Credit Corporation V. Williams
Maryland Law Review
No abstract provided.
Interference With Contracts Terminable At Will - Clarke Langrall, Incorporated V. Shamrock Savings & Loan Association, Inc., Ronald P. Fish
Interference With Contracts Terminable At Will - Clarke Langrall, Incorporated V. Shamrock Savings & Loan Association, Inc., Ronald P. Fish
Maryland Law Review
No abstract provided.
Interpretation Of Indemnity Clauses In Construction Contracts - Macon V. Warren Petroleum Corp., Sheila K. Sachs
Interpretation Of Indemnity Clauses In Construction Contracts - Macon V. Warren Petroleum Corp., Sheila K. Sachs
Maryland Law Review
No abstract provided.
Conditional Offer Implied From A Request To Submit Proposals - Arden V. Freydberg, Mona Salyer Lambird
Conditional Offer Implied From A Request To Submit Proposals - Arden V. Freydberg, Mona Salyer Lambird
Maryland Law Review
No abstract provided.
Incorporation By Reference In Commercial Contracts, Robert Whitman
Incorporation By Reference In Commercial Contracts, Robert Whitman
Maryland Law Review
No abstract provided.
Implied Warranty Extending To Persons Not In Privity Of Contract With Seller - Pabon V. Hackensack Auto Sales, Inc., Daniel F. Thomas
Implied Warranty Extending To Persons Not In Privity Of Contract With Seller - Pabon V. Hackensack Auto Sales, Inc., Daniel F. Thomas
Maryland Law Review
No abstract provided.
Defaulting Vendee's Right To Recover Part Payment On A Contract To Purchase Real Estate - Quillen V. Kelley, Lynn F. Meyers
Defaulting Vendee's Right To Recover Part Payment On A Contract To Purchase Real Estate - Quillen V. Kelley, Lynn F. Meyers
Maryland Law Review
No abstract provided.
Holder Of A Conditional Sales Contract As An "Encumbrancer" Within The Meaning Of Recording Statutes - Automobile Accep. Corp. V. Universal Corp, S. Leonard Rottman
Holder Of A Conditional Sales Contract As An "Encumbrancer" Within The Meaning Of Recording Statutes - Automobile Accep. Corp. V. Universal Corp, S. Leonard Rottman
Maryland Law Review
No abstract provided.
Impossibility Of Performance Amounting To A Total Failure Of Consideration Due To Governmental Action - Montauk Corporation V. Seeds, John D. Alexander Jr.
Impossibility Of Performance Amounting To A Total Failure Of Consideration Due To Governmental Action - Montauk Corporation V. Seeds, John D. Alexander Jr.
Maryland Law Review
No abstract provided.
Possession And Recording Under Conditional Sales Contracts - Mohr V. Sands, Richard E. Lovell, J. Paul Rogers
Possession And Recording Under Conditional Sales Contracts - Mohr V. Sands, Richard E. Lovell, J. Paul Rogers
Maryland Law Review
No abstract provided.
Bidder's Right To Return Of Deposit From City After Bidder's Refusal To Enter Into Written Contract Because Of A Material Mistake In The Bid - Baltimore V. Delluca-Davis Co., P. Mcevoy Cromwell
Bidder's Right To Return Of Deposit From City After Bidder's Refusal To Enter Into Written Contract Because Of A Material Mistake In The Bid - Baltimore V. Delluca-Davis Co., P. Mcevoy Cromwell
Maryland Law Review
No abstract provided.
Forbearance To Sue On An Invalid Claim As Consideration For A Contract - Fiege V. Boehm, J. M. Roulhac
Forbearance To Sue On An Invalid Claim As Consideration For A Contract - Fiege V. Boehm, J. M. Roulhac
Maryland Law Review
No abstract provided.