Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Contracts (28)
- Restitution (8)
- Unjust enrichment (7)
- Commercial Law (5)
- Corporations (4)
-
- Damages (4)
- Torts (4)
- Conflict of Laws (3)
- Consideration (Law) (3)
- Constitutional law (3)
- Contract Law (3)
- Economics (3)
- Law and Economics (3)
- Property (3)
- Specific performance (3)
- Adverse selection (2)
- Arbitration (2)
- Commodification (2)
- Comparative and Foreign Law (2)
- Consideration (2)
- Consumer protection (2)
- Contacts (2)
- Contract (2)
- Contract law (2)
- Contract theory (2)
- Correlated risks (2)
- Equity (2)
- Fair Credit Reporting Act (2)
- Farnsworth (2)
- Federal courts (2)
- Publication
-
- Debra Pogrund Stark (9)
- Wayne R. Barnes (9)
- Emily L Sherwin (7)
- Melvin A. Eisenberg (6)
- Fort Ninamancco Cordova (5)
-
- Mark P. Gergen (5)
- Mark Edwin Burge (4)
- John D. McCamus (3)
- Thomas D. Barton (3)
- Benjamin Geva (2)
- Celeste M. Hammond (2)
- Christopher C. French (2)
- David Gamage (2)
- Donald J. Kochan (2)
- Doug Rendleman (2)
- Julie M. Spanbauer (2)
- Karen Halverson Cross (2)
- Lynn A. Stout (2)
- Marco Andrei Torres Maldonado (2)
- ANGEL RIMASCCA HUARANCCA (1)
- Adrian J Walters (1)
- Alvin W-L See (1)
- Carlos Tamani (1)
- Christopher J. Roederer (1)
- Dalie Jimenez (1)
- Dan Priel (1)
- David E. Sorkin (1)
- David Vaver (1)
- Deepa Varadarajan (1)
- J.S. Nelson (1)
- File Type
Articles 1 - 30 of 110
Full-Text Articles in Law
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Mark P. Gergen
Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing. Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.” Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …
Theory Of Self-Help Remedies In Contract, A, Mark P. Gergen
Theory Of Self-Help Remedies In Contract, A, Mark P. Gergen
Mark P. Gergen
The article discusses the positive and normative aspects of self-help remedies in contracts. Self-remedies are defined as actions that a party may take in a bid to resolve a breach of contract without the need to go to court. It is said that the power to withhold performance amid a breach tends to be used with the power to refuse non-conforming performance. The author believes that the law of self-help allows a great deal of waste in avoiding the risk of short-changing contract rights, leading to the undermining of the theory of efficient breach.
Tortious Interference: How It Is Engulfing Commercial Law, Why This Is Not Entirely Bad, And A Prudential Response, Mark P. Gergen
Tortious Interference: How It Is Engulfing Commercial Law, Why This Is Not Entirely Bad, And A Prudential Response, Mark P. Gergen
Mark P. Gergen
No abstract provided.
A Defense Of Judicial Reconstruction Of Contracts, Mark P. Gergen
A Defense Of Judicial Reconstruction Of Contracts, Mark P. Gergen
Mark P. Gergen
No abstract provided.
Colloquy, Transactional Economics: Victor Goldberg’S Framing Contract Law, Keith A. Rowley, Mark P. Gergen, Victor Goldberg, Stewart Mcaulay
Colloquy, Transactional Economics: Victor Goldberg’S Framing Contract Law, Keith A. Rowley, Mark P. Gergen, Victor Goldberg, Stewart Mcaulay
Mark P. Gergen
Panel discussion among law faculty who teach contracts of 2007 book authored by Victor Goldberg, which suggests that an economic approach to contract interpretation is appropriate.
Defects In Consent And Dividing The Benefit Of The Bargain: Recent Developments, Jeffrey Harrison
Defects In Consent And Dividing The Benefit Of The Bargain: Recent Developments, Jeffrey Harrison
Jeffrey L Harrison
Contract law professors and students, attorneys, judges know that discussions about consent are rarely about consent. This results from three factors. First, it is the appearance of consent that is necessary to form a contract. Second, not every manifestation of consent is sufficient to create a contract that cannot be avoided. Third, interpretations of consent have the potential to allow courts to intervene when the benefit of the bargain is seen to be unfairly divided or one of the parties is actually worse off as a result of the contract. This Article assesses the extent to which recent decisions about …
Implementing A Franchise Player Designation System In The National Basketball Association, Scott Bukstein Jd, Jacob Eisenberg
Implementing A Franchise Player Designation System In The National Basketball Association, Scott Bukstein Jd, Jacob Eisenberg
Scott Bukstein JD
This article proposes that the NBA adopt a franchise player designation system in specifically defined circumstances—for first-round picks who last played under a four-year rookie salary scale contract and for players who last played under a multi-year contract signed in free agency with an average annual salary of at least $10 million. Part I of this article summarizes the use of franchise and transition player designations in the NFL. Part II of this article explains why the NFL franchise tag model would not be effective in the NBA, and details preliminary issues to consider with respect to developing and implementing …
Case Comment: Smyth V. Szep Unsettling Settlements: Of Unconscionability And Other Things, David Vaver
Case Comment: Smyth V. Szep Unsettling Settlements: Of Unconscionability And Other Things, David Vaver
David Vaver
The recent decision of the British Columbia Court of Appeal in Smyth v. Szep once again canvasses the validity of releases signed by injured victims in favour of insurance companies and once again plunges into the murky waters of contractual unconscionability. Both issues have become more or less permanent squatters on judicial calendars throughout North America, and it seems worthwhile to consider why this is so and whether something can be done to reduce their tenure at least in Canada.
Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri
Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri
Poonam Puri
PANEL II: RESTITUTION LAW: Poonam Puri, Associate Dean, Osgoode Hall Law School; Speaker: Andrew Kull, Professor, Boston University, "A Consideration Which Happens to Fail"; Speaker: Dan Priel, Professor, Osgoode Hall Law School, "Justice and Unjust Enrichment"; Discussant: Benjamin Geva, Professor, Osgoode Hall Law School.
Three Recent Works On Contractual Interpretation [Part 2], John D. Mccamus
Three Recent Works On Contractual Interpretation [Part 2], John D. Mccamus
John D. McCamus
No abstract provided.
Cases And Materials On Contracts, Third Edition, John Mccamus, Stephen Waddams, M. Weldron, Jason Neyers, Michael Trebilcock
Cases And Materials On Contracts, Third Edition, John Mccamus, Stephen Waddams, M. Weldron, Jason Neyers, Michael Trebilcock
John D. McCamus
Cases and Materials on Contracts offers a comprehensive foundation for the development of a full understanding of Canadian contract law. Recent cases and materials, drawn from Canadian, Commonwealth, and American sources, have been carefully selected and edited to deliver a thorough and seamless exploration of contract law in Canada. Notes, comments, questions, and problem scenarios are incorporated liberally throughout the casebook, to fully illuminate legal intricacies and subtleties.
Restitution And The Supreme Court: The Continuing Progress Of The Unjust Enrichment Principle, John Mccamus
Restitution And The Supreme Court: The Continuing Progress Of The Unjust Enrichment Principle, John Mccamus
John D. McCamus
No abstract provided.
Franchising In The Shadow Of Contract Law: A New Fidelity For Business Relations, Richard Haigh
Franchising In The Shadow Of Contract Law: A New Fidelity For Business Relations, Richard Haigh
Richard Haigh
No abstract provided.
Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri
Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri
Benjamin Geva
PANEL II: RESTITUTION LAW: Poonam Puri, Associate Dean, Osgoode Hall Law School; Speaker: Andrew Kull, Professor, Boston University, "A Consideration Which Happens to Fail"; Speaker: Dan Priel, Professor, Osgoode Hall Law School, "Justice and Unjust Enrichment"; Discussant: Benjamin Geva, Professor, Osgoode Hall Law School.
Authority For Sale And Privity Of Contract: The Proprietary Basis Of The Right To The Proceeds Of Sale In The Common Law, Benjamin Geva
Authority For Sale And Privity Of Contract: The Proprietary Basis Of The Right To The Proceeds Of Sale In The Common Law, Benjamin Geva
Benjamin Geva
Upon an authorized sale of goods, the owner's ability to recover the price from the buyer can be explained either by his property in the goods or by a contractual relationship. This article deals with the right to recover the price in the context of an historical and theoretical analysis of the right to the proceeds of a sale at common law. It is suggested that property is the basis of this right, rather than a contractual nexus. Part I presents the sale of goods by an agent of an undisclosed principal as a model situation in which the right …
Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri
Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri
Dan Priel
PANEL II: RESTITUTION LAW: Poonam Puri, Associate Dean, Osgoode Hall Law School; Speaker: Andrew Kull, Professor, Boston University, "A Consideration Which Happens to Fail"; Speaker: Dan Priel, Professor, Osgoode Hall Law School, "Justice and Unjust Enrichment"; Discussant: Benjamin Geva, Professor, Osgoode Hall Law School.
The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson
J.S. Nelson
Techniques To Teach Substance And Skill In Contract Drafting: In-Office Meetings And Analytical Memos, Lyman P. Q. Johnson
Techniques To Teach Substance And Skill In Contract Drafting: In-Office Meetings And Analytical Memos, Lyman P. Q. Johnson
Lyman P. Q. Johnson
This short article is based on a talk at Emory Law School on Transactional Lawyering. One overall pedagogical aim of a transactional course (or any business contract drafting course) is to link skills training with insistence on in-depth substantive learning about law and business. In this way, skills training – although acknowledged to be practical – also can be recognized as intellectually demanding, a point not always appreciated by proponents of more traditional law teaching. Two techniques for making the connection – in-office meetings and detailed “companion” analytical memos – are described.
Remedies: A Guide For The Perplexed, Doug Rendleman
Remedies: A Guide For The Perplexed, Doug Rendleman
Doug Rendleman
Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …
Panel 1: Contract Law, Stephen Waddams, Michael Pratt, Angela Swan, Stephanie Ben-Ishai
Panel 1: Contract Law, Stephen Waddams, Michael Pratt, Angela Swan, Stephanie Ben-Ishai
Stephanie Ben-Ishai
INTRODUCTION: Lorne Sossin, Dean, Osgoode Hall Law School; Stephanie Ben-Ishai, Professor, Osgoode Hall Law School; Jamie Cameron, Professor, Osgoode Hall Law School. PANEL I: CONTRACT LAW: Moderator: Stephanie Ben-Ishai, Professor, Osgoode Hall Law School; Speaker: Stephen Waddams, Professor, Faculty of Law, University of Toronto, "Mistakes in Assumptions"; Speaker: Michael Pratt, Professor, Faculty of Law, Queen's University, "The Intention to Create Legal Relations and Disclaimers"; Discussant: Angela Swan, Counsel, Legal Education, Aird & Berlis LLP.
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Doug Rendleman
Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing. Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.” Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii
James T Gathii
No abstract provided.
The Tort Foundation Of Duty Of Care And Business Judgment, Robert Rhee
The Tort Foundation Of Duty Of Care And Business Judgment, Robert Rhee
Robert Rhee
This Article corrects a misconception in corporation law – the belief that principles of tort law do not apply to the liability scheme of fiduciary duty. A board’s duty of care implies exposure to liability, but the business judgment rule precludes it. Tort law finds fault; corporation law excuses it. The conventional wisdom says that the tort analogy fails. This dismissal of tort prinicples is wrong. Although shareholder derivative suits and ordinary tort cases properly yield systemically antipodal outcomes, they are bound by a common analytical framework. The principles of board liability are rooted in tort doctrines governing duty, customs, …
Hoja De Vida, Marta Luisa Ramirez Mejia Ms
Hoja De Vida, Marta Luisa Ramirez Mejia Ms
MARTA LUISA RAMIREZ MEJIA MS
No abstract provided.
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Ronald Brown
No abstract provided.
Por La Supremacía Del Crédito Inscrito Ante La Propiedad No Inscrita., Fort Ninamancco Córdova
Por La Supremacía Del Crédito Inscrito Ante La Propiedad No Inscrita., Fort Ninamancco Córdova
Fort Ninamancco Cordova
Nota publicada en El Peruano, que contiene una breve síntesis de mi ponencia como Amicus curiae ante el VII Pleno Casatorio Civil. De igual forma, denuncio la falsedad que se ha venido difundiendo, según la cual el TC y la Corte CIDH tiene decisiones que favorecen la primacía de la propiedad no inscrita, cuando, en realidad, sucede todo lo contrario.
Thinking Outside The Four Corners Of Contract Doctrine, Mark Burge
Thinking Outside The Four Corners Of Contract Doctrine, Mark Burge
Mark Edwin Burge
No abstract provided.
La Supremacía Constitucional Del Crédito Inscrito Sobre La Propiedad No Inscrita, Fort Ninamancco Córdova
La Supremacía Constitucional Del Crédito Inscrito Sobre La Propiedad No Inscrita, Fort Ninamancco Córdova
Fort Ninamancco Cordova
Ensayo en el que se desmienten ciertas afirmaciones, de corte constitucional, sobre el VII Pleno Casatorio Civil.
Payment Methods For Consumer-To-Consumer Online Transactions, 35 Akron L. Rev. 1 (2001), David E. Sorkin
Payment Methods For Consumer-To-Consumer Online Transactions, 35 Akron L. Rev. 1 (2001), David E. Sorkin
David E. Sorkin
No abstract provided.
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Nathan M. Crystal
The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP). To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the …