Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 14 of 14
Full-Text Articles in Law
The Search Interest In Contract, Joshua Fairfield
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
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
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
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
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
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
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
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
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
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
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
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
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
Anomalous Growth Of The Common Law -- The Anglo-American Quest For Justice, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.