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Articles 31 - 46 of 46
Full-Text Articles in Law
Contract Modification And "Self-Help Specific Performance": A Reaction To Professor Narasimhan, Robert A. Hillman
Contract Modification And "Self-Help Specific Performance": A Reaction To Professor Narasimhan, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
The Decline Of The Contract Market Damage Model, James J. White
The Decline Of The Contract Market Damage Model, James J. White
Articles
In law school every American lawyer learns that the conventional measure of damages for breach of a sales contract is the difference between the contract price and the market price. Even before these rules were embodied in the Uniform Sales Act and the Uniform Commercial Code (UCC), they were a staple of Anglo-American common law. They remain the rules with which a court would determine damage liability not only for the sale of goods, but also for the sale of real estate and securities.
At-Will Employment And The Handsome American: A Case Study In Law And Social Psychology, Theodore J. St. Antoine
At-Will Employment And The Handsome American: A Case Study In Law And Social Psychology, Theodore J. St. Antoine
Other Publications
The past decade has seen a genuine revolution in employment law, as some forty American jurisdictions, in square holdings or strong dictum and on one or more diverse theories, have modified the conventional doctrine whereby employers "may dismiss their employees at will...for good cause, for no cause or even for cause morally wrong." In this paper I shall briefly review the theories most frequently invoked by the courts in dealing with wrongful dismissal and indicate their deficiencies as a permanent solution for the problem. Next, I shall summarize the major arguments for and against the doctrine of employment at will. …
Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman
Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
Property, W. Wade Berryhill
Property, W. Wade Berryhill
Law Faculty Publications
The 1986 General Assembly may be remembered as much for what it did not do as for what it did. Carried over into the next session was House Bill 810, which would have abolished dower and curtesy in favor of a statutory share for the surviving spouse in the deceased spouse's estate. Of course, passage of this bill would have ushered in significant change in the practice of decedents' estates. Significantly, passage of the bill also would have legislatively overruled recent judicial and legislative activity which has created the sole and separate estate, for both female and male, allowing circumvention …
To Sue And Not Be Sued (In State Court), Robert H. Abrams
To Sue And Not Be Sued (In State Court), Robert H. Abrams
Journal Publications
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.
West Covina Enterprises, Inc. V. Chalmers [Dissent], Jesse W. Carter
West Covina Enterprises, Inc. V. Chalmers [Dissent], Jesse W. Carter
Jesse Carter Opinions
An architect was entitled to repudiate a contract to render services in connection with the hospital corporation's construction of an addition because California law required that architects who provided plans for hospitals be licensed by the state.
Gelhaus V. Nevada Irrigation Dist. [Dissent], Jesse W. Carter
Gelhaus V. Nevada Irrigation Dist. [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a breach of contract action, fish hatchery owners were not entitled to recover for the loss of fish from an irrigation district as the contract to supply water provided the fish hatchery owners could not use the water for non-irrigation purposes.
Franck V. J. J. Sugarman-Rudolph Co., Jesse W. Carter
Franck V. J. J. Sugarman-Rudolph Co., Jesse W. Carter
Jesse Carter Opinions
Claims by buyers who waited over three years to assert their damage claims for the alleged breach of a contract guarantee were time barred because the claimed breach was not made within a reasonable amount of time.
L. B. Laboratories, Inc. V. Mitchell, Jesse W. Carter
L. B. Laboratories, Inc. V. Mitchell, Jesse W. Carter
Jesse Carter Opinions
An accountant's failure to file income tax returns in a timely manner was actionable as a breach of contract, not solely as negligence, and the client did not have to present expert evidence as to professional standards to prove untimely filing.
Co-Operative Marketing--Statutes Providing Penalty Against Third Persons Who Induce Breach Of Marketing Contracts, Thomas F. Broden
Co-Operative Marketing--Statutes Providing Penalty Against Third Persons Who Induce Breach Of Marketing Contracts, Thomas F. Broden
Journal Articles
Capitalism is most prudent in accepting into its legal system measures of governmental regulation which apply to economic relations generally and contract relations particularly. Efforts of the executive, legislative or judicial branches of either British or American governments to directly control phases of contractual relationships have generally met staunch and rigid opposition. The spirit of the sacredness and inviolability of the contract relation was a logical outgrowth of the capitalistic system in its inception. At that time freedom was a passion, self-sufficiency a goal. From an era thus shrouded and bedecked with individualism, it is little wonder that measures affecting, …
Breach Of Promise Suits, Robert C. Brown
Breach Of Promise Suits, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.
Equitable Relief In Contracts Involving Personal Services, James Lewis Parks
Equitable Relief In Contracts Involving Personal Services, James Lewis Parks
Articles by Maurer Faculty
No abstract provided.
Effectiveness Of Oral Contracts, Within The Statute Of Frauds, John B. Waite
Effectiveness Of Oral Contracts, Within The Statute Of Frauds, John B. Waite
Articles
In Morris v. Baron and Co., (House of Lords, 1917), 87 L. J. R. (K. B.) 145, plaintiff and defendant had entered into a contract of sale and plaintiff, as vendor, had delivered part of the goods agreed upon. Delivery of the remainder would have been a condition precedent to any recovery by the plaintiff. This contract, however, was followed by a second one, not in writing, whereby plaintiff was absolved from delivering the rest of the goods, but by which he agreed that he would deliver them if the defendant should so request. Thereafter plaintiff brought this action for …