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Articles 1 - 10 of 10
Full-Text Articles in Law
Community Benefits Agreements: Can Private Contracts Replace Public Responsibility, Naved Sheikh
Community Benefits Agreements: Can Private Contracts Replace Public Responsibility, Naved Sheikh
Cornell Journal of Law and Public Policy
No abstract provided.
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 …
Acquisition Of Real Estate In Mexico By U.S. Citizens And American Companies, Jorge A. Vargas
Acquisition Of Real Estate In Mexico By U.S. Citizens And American Companies, Jorge A. Vargas
San Diego International Law Journal
Buying real estate in Mexico, or enjoying the beneficiary rights through a real estate trust, known in Mexico as fideicomiso, involves a considerable amount of money and effort. One must take into account that this legal transaction is executed in Mexico in accordance with Mexican law-a foreign legal system belonging to the civil legal tradition, contrasted by the U.S. legal system derivative of the common law tradition-and recognize that Americans and U.S. legal entities are typically quite unfamiliar with Mexican law. This Article provides a complete overview of the process of acquiring real estate in Mexico by Americans and U.S. …
Commodo Caveo: Lender Beware - An Analysis Of Lender Liability For Construction Defects Under The Implied Warranty Of Habitability, Margaret N. Fox
Commodo Caveo: Lender Beware - An Analysis Of Lender Liability For Construction Defects Under The Implied Warranty Of Habitability, Margaret N. Fox
South Carolina Law Review
No abstract provided.
Dusting Off The Code: Using History To Find Equity In Louisiana Contract Law, Charles Tabor
Dusting Off The Code: Using History To Find Equity In Louisiana Contract Law, Charles Tabor
Louisiana Law Review
No abstract provided.
Life With Hoyt: Avoiding Misrepresentation Claims In Negotiating Settlement Agreements, Eric J. Magnuson, Daniel J. Supalla
Life With Hoyt: Avoiding Misrepresentation Claims In Negotiating Settlement Agreements, Eric J. Magnuson, Daniel J. Supalla
Journal of Law and Practice
No abstract provided.
A Sports Seminar With A Free Agent Market Exercise , Alfred Dennis Mathewson
A Sports Seminar With A Free Agent Market Exercise , Alfred Dennis Mathewson
Marquette Sports Law Review
No abstract provided.
Copyright Preemption Of Contracts, Christina Bohannan
Copyright Preemption Of Contracts, Christina Bohannan
Maryland Law Review
No abstract provided.
Beyond Unconscionability: The Case For Using "Knowing Assent" As The Basis For Analyzing Unbargained-For Terms In Standard Form Contracts, Edith R. Warkentine
Beyond Unconscionability: The Case For Using "Knowing Assent" As The Basis For Analyzing Unbargained-For Terms In Standard Form Contracts, Edith R. Warkentine
Seattle University Law Review
Much scholarship questioning the enforcement of standard form contract terms offers interesting insights into possible approaches a court can take in analyzing the issue, but the literature largely fails to examine what courts actually do in these cases. This Article identifies the gap between what scholars are saying about standard form contracts and what courts are doing about them. It notes that courts have not accepted the scholarship that urges a nontraditional approach to analyzing assent. Rather-with but a few exceptions—what has emerged is a case-by-case unconscionability analysis in which courts focus narrowly on particular terms and conditions in standard …
Models And Games: The Difference Between Explanation And Understanding For Lawyers And Ethicists , Jeffrey M. Lipshaw
Models And Games: The Difference Between Explanation And Understanding For Lawyers And Ethicists , Jeffrey M. Lipshaw
Cleveland State Law Review
There is value for lawyers in thinking about constructs of rules as games on one hand, or models on the other. Games are real in a way models are not. Games have "thingness"--an independent reality-and they can be played. Models have "aboutness"-they map onto something else that is real for the sake of simplification and explanation. But models and games are not dichotomous as the preceding claim makes them out to be. Sometimes models look just like games, and sometimes games can serve as models. Because models look like games, we may come to believe they are real-that the models …