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Articles 1 - 30 of 88
Full-Text Articles in Law
Covid, Contracts, And Colleges, John K. Setear
Covid, Contracts, And Colleges, John K. Setear
West Virginia Law Review
No abstract provided.
Smart Contracts And Consumers, Tatiana Cutts
Smart Contracts And Consumers, Tatiana Cutts
West Virginia Law Review
“Smart contracts” are a way of using computers to make contracts unbreakable. Contracting parties do not need to trust one another to perform or rely upon intermediaries to enforce performance. Performance is guaranteed. This is supposed to be a victory for the ordinary person—a clever socio-economic application of cryptography that strips power from companies and governments and gives it to consumers. But it turns out that less trust does not mean more freedom, or better bargains. The law of contract supports valuable relationships both by enforcing duties and by allowing parties to escape the consequences of ill-formed contracts and oppressive …
Contract Remedies In Action: Specific Performance, Yonathan A. Arbel
Contract Remedies In Action: Specific Performance, Yonathan A. Arbel
West Virginia Law Review
No abstract provided.
Hypothetical Efficiency Is Not Grounds For Breach, Daniel M. Isaacs
Hypothetical Efficiency Is Not Grounds For Breach, Daniel M. Isaacs
West Virginia Law Review
The law does not approve of the efficient breach of contract; it merely provides or fails to provide remedies. Although there are situations where the law implies contract terms, there is no basis for an implied covenant of efficiency. Hypothetical contracts, purporting to incorporate a release where the cost of performance to the promisor exceeds its value to the promisee, cannot be used to bind people to results, even efficient ones, to which they did not agree. Where it is inefficient to demand performance, flexibility should come from the promisee who, having received in trust the power to limit the …
Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis
Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis
West Virginia Law Review
No abstract provided.
Rescuing The International Arbitral Model: Identifying The Problem In Natural Resources Trade And Development, Jacob R. Shaffer
Rescuing The International Arbitral Model: Identifying The Problem In Natural Resources Trade And Development, Jacob R. Shaffer
West Virginia Law Review
No abstract provided.
Cause Breaking Up Is Hard To Do: The Need For Uniform Enforcement Of Cohabitation Agreements In West Virginia, Emily E. Diederich
Cause Breaking Up Is Hard To Do: The Need For Uniform Enforcement Of Cohabitation Agreements In West Virginia, Emily E. Diederich
West Virginia Law Review
No abstract provided.
From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young
From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young
West Virginia Law Review
No abstract provided.
Fighting For Respect: Mma's Struggle For Acceptance And How The Muhammad Ali Act Would Give It A Sporting Chance, Geoff Varney
Fighting For Respect: Mma's Struggle For Acceptance And How The Muhammad Ali Act Would Give It A Sporting Chance, Geoff Varney
West Virginia Law Review
No abstract provided.
Post Claim Underwriting, Thomas C. Cady, Georgia Lee Gates
Post Claim Underwriting, Thomas C. Cady, Georgia Lee Gates
West Virginia Law Review
No abstract provided.
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
West Virginia Law Review
No abstract provided.
Prudence Of Electric Utilities' Coal Contracts And Fuel Procurement Practices: The Impact On Coal Contract Negotiations, Amy R. Templeton
Prudence Of Electric Utilities' Coal Contracts And Fuel Procurement Practices: The Impact On Coal Contract Negotiations, Amy R. Templeton
West Virginia Law Review
No abstract provided.
Drafting A Contract Mining Agreement--The Owner's Perspective, Charles Q. Gage
Drafting A Contract Mining Agreement--The Owner's Perspective, Charles Q. Gage
West Virginia Law Review
No abstract provided.
Contract Mining Agreements--The Contract Miner's Perspective, Henry Mcc. Ingram, John H. Lawrence Jr.
Contract Mining Agreements--The Contract Miner's Perspective, Henry Mcc. Ingram, John H. Lawrence Jr.
West Virginia Law Review
No abstract provided.
Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan
Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan
West Virginia Law Review
Section 2-302 of the Uniform Commercial Code is a widely discussed and controversial statement of the law of unconscionability. It was a part of the original UCC as adopted by Pennsylvania in 1953, but some states elected to omit that section when they accepted the UCC. There are three fundamental reasons for their not adopting the section. The first objection is that the section goes against the security of the transaction by allowing the courts to remake parts of the contract. The second stems from the fact that the section limits the parties' freedom to contract because it is often …
Contracts--Parol Evidence Rule--Admissibility Of Agency Not Appearing In Written Contract, Robert R. Skinner
Contracts--Parol Evidence Rule--Admissibility Of Agency Not Appearing In Written Contract, Robert R. Skinner
West Virginia Law Review
How does the parol evidence rule apply to a written contract which on its face appears to have only two parties, but in which one of the parties wants to introduce extrinsic evidence that one of the signatories is an agent for another person? Part one of this note will discuss present case law and part two will show how that law compares with modem theories of the parol evidence rule.
Contracts--Agent's Right To Commission On Reorders After Termination Of His Employment, David Gail Hanlon
Contracts--Agent's Right To Commission On Reorders After Termination Of His Employment, David Gail Hanlon
West Virginia Law Review
No abstract provided.
Property--Cancellation Of Note At Payee's Death Not Testamentary Gift, Ralph Judy Bean Jr.
Property--Cancellation Of Note At Payee's Death Not Testamentary Gift, Ralph Judy Bean Jr.
West Virginia Law Review
No abstract provided.
Torts--Malpractice--Wrongful Death Action Based On Breach Of Contract, Ralph Charles Dusic Jr.
Torts--Malpractice--Wrongful Death Action Based On Breach Of Contract, Ralph Charles Dusic Jr.
West Virginia Law Review
No abstract provided.
Contracts--Conditions--Restraint Of Remarriage, William Warren Upton
Contracts--Conditions--Restraint Of Remarriage, William Warren Upton
West Virginia Law Review
No abstract provided.
Contracts Between A Director And His Corporation, T. E. P.
Contracts Between A Director And His Corporation, T. E. P.
West Virginia Law Review
The law generally recognizes that a director or officer of a corporation occupies a fiduciary relationship to the corporation. This relationship has been described as analogous to that of an agent to his principal or a trustee to his beneficiary.1 Therefore it is logical that a director cannot deal with his corporation like a stranger at arm's length, but is bound by the rules of fairness and good faith which the courts have imposed on fiduciaries for the protection of those whose interests are confided to their care. The courts are greatly divided as to what rules or standards of …
Interference With Contract--Liability Where No Enforceable Contract, R. W. F.
Interference With Contract--Liability Where No Enforceable Contract, R. W. F.
West Virginia Law Review
No abstract provided.
Future Interests--Contract Of Purchase Or Lease With Option, C. W. G.
Future Interests--Contract Of Purchase Or Lease With Option, C. W. G.
West Virginia Law Review
No abstract provided.
Contracts--Removal Of Timber--Failure Seasonably To Exercise Option, C. W. G.
Contracts--Removal Of Timber--Failure Seasonably To Exercise Option, C. W. G.
West Virginia Law Review
No abstract provided.
Insurance--Formation Of The Contract--Subrogation, C. H. H. Jr.
Insurance--Formation Of The Contract--Subrogation, C. H. H. Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law--Construction Of Constitutional Provision For Sale Of Land For School Fund--Right Of Redemption Restricted, R. G. S.
West Virginia Law Review
No abstract provided.
Constructive Trusts--Duty Of Agent To Reconvey Land Purchased For Principal--Statute Of Frauds, M. S. K.
Constructive Trusts--Duty Of Agent To Reconvey Land Purchased For Principal--Statute Of Frauds, M. S. K.
West Virginia Law Review
No abstract provided.
Equity--Removal Of Cloud On Title--Right To Bring Suit When Defendant Has Possession, K. K. H.
Equity--Removal Of Cloud On Title--Right To Bring Suit When Defendant Has Possession, K. K. H.
West Virginia Law Review
No abstract provided.
Mines And Minerals--Leases--Covenant To Pay Minimum Annual Royalty For Term, J. H.
Mines And Minerals--Leases--Covenant To Pay Minimum Annual Royalty For Term, J. H.
West Virginia Law Review
No abstract provided.
Pleading--Nonjoinder Of Contract Plaintiffs, B. D. T.
Pleading--Nonjoinder Of Contract Plaintiffs, B. D. T.
West Virginia Law Review
No abstract provided.