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Full-Text Articles in Law
Reliance In The Revised Restatement: The Proliferation Of Promissory Estoppel, Charles L. Knapp
Reliance In The Revised Restatement: The Proliferation Of Promissory Estoppel, Charles L. Knapp
Faculty Scholarship
No abstract provided.
Tax Characterization Of International Leases: The Contours Of Ownership, William W. Park
Tax Characterization Of International Leases: The Contours Of Ownership, William W. Park
Faculty Scholarship
Pondering the human tendency to pay dearly for short-lived adornments, Shakespeare asks a question of interest to lawyers as well as poets: "Why so large cost, having so short a lease.. .? The lawyer's analysis of the issue might begin with a scenario set in an imaginary world in which the tax effects of business transactions are determined by their legal form rather than their economic substance. In such a world, each of two companies decides to build a new factory. One acquires the land outright, paying in several installments. The other enters into a shortterm lease at a very …
Principles Of Relational Contracts, Charles J. Goetz, Robert E. Scott
Principles Of Relational Contracts, Charles J. Goetz, Robert E. Scott
Faculty Scholarship
Recent scholarship has demonstrated that a significant proportion of private contracts do not easily fit the presuppositions of classical legal analysis. One reason for this is the pivotal role played in conventional legal theory by the concept of the complete contingent contract. Parties in a bargaining situation are presumed able, at minimal cost, to allocate explicitly the risks that future contingencies may cause one or the other to regret having entered into an executory agreement. Under these conditions, the role of legal regulation can be defined quite precisely. Once the underlying rules policing the bargaining process have been specified, contract …