Law Commons^™

Contract Clauses, James J. White

Book Chapters

Before he turns to the clauses below, the draftsman should consider a few points that apply to drafting in general. The suggestions that follow will not win the Galileo award for 1974, but they bear repeating nevertheless.

Merrill Lynch, Pierce, Fenner & Smith V. Ware, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Scherk V. Alberto-Culver Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Kewanee Oil Co. V. Bicron Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Contractual Aspects Of Malpractice, Kevin H. Tierney

Faculty Scholarship

No abstract provided.

Choice Of Law In Contracts: Some Thoughts On The Weintraub Approach, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Contracts Provisions Of The Restatement (Second): An Analysis And A Critique, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

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

Faculty Articles and Papers

No abstract provided.

Enforcement Of A Promise In Modern American Law (Gendai Amerikaho Ni Okeru Yakusoku No Kyosei), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970.

The sixth and final installment describes the history of contractual enforcement in the U.S. and highlights changes introduced through adoption of the UCC.

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

Articles by Maurer Faculty

No abstract provided.

Local Government And Contracts That Bind, R. Perry Sentell Jr.

Scholarly Works

To paraphrase a modern slogan, in local government law "little goes right if the contract's too tight." For the layman who bargains in good faith with a municipality or county, the introduction to this principle can be a jolt. TO be told that his contract was not a contract, because it would have unduly bound the local government, must prompt serious doubts in his mind about the law commanding this result. To be told that he is legally presumed to know this must confirm his suspicions. But the principle is a well-established one, existing in most jurisdictions from early times. …

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

Faculty Articles and Papers

No abstract provided.

Enforcing The Contract To Bargain, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Agency And Insurance: Should The Defense Of Fraud By Its Own Agent Be Available To An Insurance Company Issuing Automobile Insurance?, J. Dennis Hynes

Publications

No abstract provided.

Of Nuts And Ships And Sealing Wax, Suez And Frustrating Things, John Henry Schlegel

Journal Articles

No abstract provided.

Remedies For Breach Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku Furiko Ni Taisuru Kyusai), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970. The fifth installment discusses the difficulty of remedies and various methods of enforcement.

Contract Interpretation And The Uniform Commercial Code (Ucc Ni Okeru Keiyaku No Kaishaku), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970. The third installment introduces the basic principles of contract interpretation.

Contract Interpretation Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku No Kaishaku), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970.

The fourth installment discusses further considerations and principles that impact contract interpretation.

Contract Formation Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku No Seiritsu), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970.

The second installment discusses issues related to requirements compelling completion of a contract or pushing the issue to court.

A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations In The Light Of Economic Theory, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

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.

The Independent Doctrine Of Ratification V. The Restatement And Mr. Seavey, Aaron Twerski

Faculty Scholarship

No abstract provided.

Application Of Article 85 Paragraph 1, Of The Treaty Of Rome To Intrastate Exclusive Distributorship Agreements, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

"Good Faith" In General Contract Law And The Sales Provisions Of The Uniform Commercial Code, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Contracts (1959-1967), Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

Contracts, Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

Review Of The Validity Of Sales Contracts: A Comparative Study, Whitmore Gray

Reviews

These 2 volumes are a slightly revised version of the substantive reports prepared by the Max Planck Institute in Hamburg (Director: Professor Konrad Zweigert) for the Rome Institute for the Unification of Private Law. They were designed to serve as a basis for the elaboration and discussion of a new uniform law on this subject matter, which would supplement the 1964 Hague conventions on a Uniform Law on the International Sale of Goods and Uniform Law on the Formation of Contract for the International Sale of Goods.

The Truth-In-Negotiations Act – An Examination Of Defective Pricing In Government Contracts, Michael J. Graetz

Faculty Scholarship

Charges of excessive profitmaking on government contracts have issued from the Senate floor and the nation's press and have provided the impetus for recent congressional investigations and proposals for remedial legislation. Profiteering by government contractors is a problem of potentially enormous dimensions since purchases by the federal government total more than seventy-seven billion dollars – over ten per cent of the gross national product. Because the greatest part of these purchases are made by the Department of Defense, congressional action aimed at minimizing excessive profits has focused upon Defense Department procurement activities under the Armed Services Procurement Act (ASPA).