Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Contracts (5)
- Law and Economics (2)
- Uniform Commercial Code (2)
- Ad hoc (1)
- Arbitration (1)
-
- Arbitrators (1)
- Attitudes (1)
- Burden of persuasion (1)
- Burden of production (1)
- Burden of proof (1)
- Commercial Law (1)
- Constitutional Law (1)
- Constitutional Law; Civil Procedure; Contracts Law (1)
- Contract Clause (1)
- Contract drafting (1)
- Contract formation (1)
- Contract modification (1)
- Contract terms (1)
- Corporate Law (1)
- Corporate agents (1)
- Corporation Law (1)
- Corporations (1)
- Debtor/Creditor Law (1)
- Erie R.R. v. Tompkins (1)
- Evidentiary proof (1)
- Harmony & Dissonance (1)
- Holder status (1)
- Japan (1)
- Judicial Review (1)
- Jurisprudence (1)
Articles 1 - 14 of 14
Full-Text Articles in Law
Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg
Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg
Law Faculty Scholarly Articles
This article focuses on two classes of commercial paper issues. Section I considers the Uniform Commercial Code rules relevant to determining whether a corporation or its agents are bound by contracts made upon a negotiable instrument. Application of these rules continues to be an important and recurrent source of legal disputes. Section II considers the rights of corporations or their agents to obtain holder status prerequisite to enforcing commercial paper contracts. Problems relating to the attainment of this status can result from corporate engagement in joint-enterprise with artificial or natural persons and from the linkage of corporations through common ownership …
Burger King Corp. V. Rudzewicz, Lewis F. Powell Jr.
Burger King Corp. V. Rudzewicz, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Landreth Timber Co. V. Landreth, Lewis F. Powell Jr.
Landreth Timber Co. V. Landreth, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Evolution Of Law: The Roman System Of Contracts, Alan Watson
The Evolution Of Law: The Roman System Of Contracts, Alan Watson
Scholarly Works
I have two aims in producing this paper. First, I wish to contribute to the general understanding of how and why law develops and explain the evolution of some very familiar legal institutions. Second, I wish to add to our knowledge of the history of Roman law, by producing a radically different view of the development of contracts, that is, I believe, both consistent with surviving textual data and plausible with regard to human behavior.
Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman
Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman
Cornell Law Faculty Publications
The Uniform Commercial Code does not offer a systematic approach to the rules governing the evidentiary relationships of parties to commercial litigation. In this article, Professors Allen and Hillman present a general analytical approach to proof rules, highlight the shortcomings of the Code's evidentiary provisions, and discuss the inevitable confusion in the case law construing the Code. They propose an amendment to the Code designed to clarify and improve the Code approach.
The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton
The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton
The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton
Faculty Scholarship at Penn Carey Law
Professor Bratton examines judicial regulation of issuer-bondholder conflicts of interest within three different, but closely related doctrinal frameworks: neoclassical contract interpretation; contract avoidance; and corporate law fiduciary restraint. After discussing the elements of convertible bond valuation and their interaction with issuer actions giving rise to conflicts of interest, he evaluates the case for judicial intervention to protect bondholder interests. He concludes that ·bondholder protective intervention is fair and tolerably efficient, provided it is kept within the bounds of contract interpretation. But he finds that more aggressive judicial intervention under the frameworks of contract avoidance and fiduciary restraint carries an unnecessary …
Book Review. From Swift To Erie: An Historical Perspective, Gene R. Shreve
Book Review. From Swift To Erie: An Historical Perspective, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
The Equal Credit Opportunity Act's Spousal Co-Signature Rules: Suretyship Contracts In Separate Property States, Winnie F. Taylor
The Equal Credit Opportunity Act's Spousal Co-Signature Rules: Suretyship Contracts In Separate Property States, Winnie F. Taylor
Faculty Scholarship
No abstract provided.
Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick
Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick
Law Faculty Research Publications
During the Survey period, the Michigan Supreme Court decided cases involving mutual mistake, the enforceability of a contractual limitation period, and termination of a licensing agreement. The court of appeals considered implied in fact contract theories, interpretation, the parol evidence rule, and claims for exemplary and mental distress damages for breach of contract. In addition, the court of appeals revisited rejection and acceptance under the Uniform Commercial Code, and decided several cases involving medical malpractice arbitration agreements.
Arbitration Of International Contract Disputes, William W. Park
Arbitration Of International Contract Disputes, William W. Park
Faculty Scholarship
International commercial arbitration has been the victim of its own success. Arbitration is often the only dispute resolution process acceptable in business contexts where parties from different countries have rejected recourse to each other's legal system at the outset of the contractual relationship. For example, when a Swedish shipyard contracts to build tankers for an agency of the Libyan government, the Swedes are unlikely to relish the prospect of appearing before Libyan courts, and the Libyans may view submission to the courts of Sweden (or of another industrialized Western nation) as an affront to Libyan national sovereignty. Neither the Swedish …
Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker
Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Use And Non-Use Of Contract Law In Japan, Whitmore Gray
Use And Non-Use Of Contract Law In Japan, Whitmore Gray
Articles
This article first defines the scope of enquiry, then surveys some of the existing literature, and finally, presents the results of my preliminary survey interviews and questionnaire. It is my hope that it will serve as a basis form discussion leading to better definition of the problems for research in this area, and will suggest ways to proceed to gather the information necessary for more sophisticated exposition and commentary.
Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince
Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince
Faculty Scholarship
No abstract provided.