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Full-Text Articles in Law
When Is It Fair To Break Promises? Illuminating Promissory Estoppel's Inequity Requirement, Marcus Moore
When Is It Fair To Break Promises? Illuminating Promissory Estoppel's Inequity Requirement, Marcus Moore
All Faculty Publications
Promissory estoppel is an important adjunct to contract law, allowing non-contractual promises to be legally binding under prescribed conditions. These conditions include reliance by the promisee, as the doctrine serves to protect reasonable reliance induced by certain types of promises. Typically, the conditions also include a requirement that it would be inequitable for the promisor to go back on the promise. This inequity requirement reflects the nature of promissory estoppel as a creature of the law of equity. Beyond this, however, considerable uncertainty surrounds the inequity element. For example, there are diverging views as to whether it embodies a distinct …
The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David Snyder
The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David Snyder
Articles in Law Reviews & Other Academic Journals
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
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 …
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Once Around The Flag Pole: Construction Bidding And Contracts At Formation, Lawrence Lederman
Once Around The Flag Pole: Construction Bidding And Contracts At Formation, Lawrence Lederman
Articles & Chapters
No abstract provided.
Commercial Law – 1960 Oregon Survey, Robert S. Summers
Commercial Law – 1960 Oregon Survey, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Potter V. Pacific Coast Lumber Co. [Dissent], Jesse W. Carter
Potter V. Pacific Coast Lumber Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where a seller of lumber cashed checks that were expressly labeled as having been in full settlement of disputed accounts due from the purchaser, an accord and satisfaction occurred, and the seller was estopped to deny the effect of his actions.
Rationale Of Bargain Consideration, Hugh Evander Willis
Rationale Of Bargain Consideration, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
What Is Consideration In The Anglo-American Law Of Contracts, Part Ii, Hugh Evander Willis
What Is Consideration In The Anglo-American Law Of Contracts, Part Ii, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Liquidated Damages And Estoppel By Contract, Joseph H. Drake
Liquidated Damages And Estoppel By Contract, Joseph H. Drake
Articles
In the last edition of "Sedgwick's Elements of the Law of Damages" the author says (p. 232) that the subject of liquidated damages has been put in a new light by the two cases of the Sun Printing and Publishing Association v. Moore1 and the Clydebank R. &S. Co. v. Castaneda,2 and that they may be expected to have a considerable effect upon the further development of the law on the subject. The learned author then presents the old canons of interpretation with full illustration from the cases, followed by the citation of the decisions above mentioned, and concludes that …