Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Contracts

Articles by Maurer Faculty

Contract law

Articles 1 - 14 of 14

Full-Text Articles in Law

The Search Interest In Contract, Joshua Fairfield Jan 2007

The Search Interest In Contract, Joshua Fairfield

Articles by Maurer Faculty

Parties often do not negotiate for contract terms. Instead, parties search for the products, terms, and contractual counterparties they desire. The traditional negotiation-centered view of contract leads courts to try to determine the meaning of the parties where no meaning was negotiated and to waste time determining the benefits of bargains that were never struck. Further, while courts have ample tools to validate specifically negotiated contract terms, they lack the tools to respond to searched-for terms. Although the law and literature have long recognized that there is a disconnect between the legal fictions of negotiation and the reality of contracting ...


Constructive Haiku And The Law Of Contracts: Raintree County Memorial Library Occasional Paper No. 3, Douglass Boshkoff Jan 2007

Constructive Haiku And The Law Of Contracts: Raintree County Memorial Library Occasional Paper No. 3, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David V. Snyder Jan 1999

The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David V. Snyder

Articles by Maurer Faculty

This article argues that contractual change is inherently problematic because contract and change are fundamentally antithetical. Because change is inevitable, however, the law of contract attempts to regulate the effect of change. These attempts are divided into two realms: public regulation, including the preexisting duty rule and its substitutes, and private regulation, including contractual "no oral modification" and "no oral waiver" clauses. The article criticizes not only the preexisting duty rule but also the duress and good faith tests that have been suggested as substitutes. Instead, the article proposes a "coercion" test, which is stated in detail and which is ...


More Selected Poems On The Law Of Contracts: Raintree County Memorial Library Occasional Paper No. 2, Douglass Boshkoff Jan 1996

More Selected Poems On The Law Of Contracts: Raintree County Memorial Library Occasional Paper No. 2, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Selected Poems On The Law Of Contracts, Douglass Boshkoff Jan 1991

Selected Poems On The Law Of Contracts, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Book Review. Transcending Covenant And Debt, Morris S. Arnold Jan 1976

Book Review. Transcending Covenant And Debt, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Breach Of Contract, Damage Measures, And Economic Efficiency, Robert L. Birmingham Jan 1970

Breach Of Contract, Damage Measures, And Economic Efficiency, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.


Damage Measures And Economic Rationality: The Geometry Of Contract Law, Robert L. Birmingham Jan 1969

Damage Measures And Economic Rationality: The Geometry Of Contract Law, Robert L. Birmingham

Articles by Maurer Faculty

The question of damage measures presented by the conscious decision of a promisor to breach a losing contract raises one of the most perplexing conceptual problems in contract law. Recognizing the present inability of the courts rationally to resolve the problem, as illustrated by the opposing decisions in Groves v. John Wunder Company and Peevyhouse v. Garland Coal and Mining Company, the author undertakes to examine the premises of contract law with afresh perspective-economic analysis.


How And By Whom May An Offer Be Accepted?, Wencelas J. Wagner Jan 1965

How And By Whom May An Offer Be Accepted?, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Some Problems Of Revocation And Termination Of Offers, Wencelas J. Wagner Jan 1963

Some Problems Of Revocation And Termination Of Offers, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


The Law Of Contracts In Communist Countries (Russia, Bulgaria, Czechoslovakia And Hungary), Wencelas J. Wagner Jan 1963

The Law Of Contracts In Communist Countries (Russia, Bulgaria, Czechoslovakia And Hungary), Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


The Interplay Of Planned Economy And Traditional Contract Rules In Poland, Wencelas J. Wagner Jan 1962

The Interplay Of Planned Economy And Traditional Contract Rules In Poland, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


What Is Consideration In The Anglo-American Law Of Contracts?, Hugh Evander Willis Jan 1924

What Is Consideration In The Anglo-American Law Of Contracts?, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Anomalous Growth Of The Common Law -- The Anglo-American Quest For Justice, Hugh Evander Willis Jan 1915

Anomalous Growth Of The Common Law -- The Anglo-American Quest For Justice, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.