Law Commons^™

Newsroom: Monestier On Settlement Agreements, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Public Won't Back A 'Politicians' Republic', So Turnbull Needs To Offer A Better Model, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

The word republic has many meanings - but they can probably be reduced to two. The first simply means a political order in which there is no king or queen at its apex. The Romans who invented the term res publica (public matter) were adamantly opposed to the idea of having a king. Julius Caesar was assassinated because it was believed he wished to make himself king. The second describes a political system composed by individuals motivated by an idea of virtue and by a series of institutional arrangements through which power is divided so it is not concentrated in …

Offer And Acceptance In Modern Contract Law: A Needless Concept, Shawn J. Bayern

Scholarly Publications

The fundamental law of contract formation has retained the formalistic character of classical contract law. The offer-and-acceptance paradigm fits poorly with modern contracting practice, and it obscures and complicates contract doctrine. More importantly, extending it threatens to produce undesirable results. Instead of the offer-and-acceptance paradigm, this Essay proposes that contract formation be analyzed using the same general interpretive inquiry that governs other questions concerning the intent of contracting parties.

Analyzing the processes of contract formation in this manner points the way toward a further-reaching reconsideration of the purposes of contract-formation law in the first place. In particular, this Essay proposes …

Not What, But When Is An Offer — Rehabilitating The Rolling Contract, Colin P. Marks

Faculty Articles

To what degree are rolling, or layered, contracts binding? A number of courts, starting with the now infamous case of ProCD, Inc. v. Zeidenberg, have held that, rather than a contract for the sale of a good, such as a computer, being completed in-store, the contract is formed when deferred terms found inside the package are reviewed by the buyer and accepted by some act -- usually use of the good (or declining to return it). This approach, which has been called the rolling contract, has been widely criticized by commentators as an abomination of contract law that ignores a …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

A previous Grievance which alleged improper staffing was successful and resulted in an Award which required that the affected employees receive an offer for the positions they would have had if filled properly. The Arbitrator retained jurisdiction regarding the implementation of the Award. A subsequent hearing regarding the Grievor resulted in an order to offer her the position she had been denied. The Grievor accepted the position, but with her own conditions. This hearing is to consider if she accepted the position or, by adding conditions, rejected the offer.

You Asked For It, You Got It … Toy Yoda: Practical Jokes, Prizes, And Contract Law, Keith A. Rowley

Scholarly Works

For what seemed to be a simple contract dispute, Berry v. Gulf Coast Wings Inc. garnered an unusual amount of attention in both the legal and popular press. Former Hooters waitress Jodee Berry sued her ex-employer for breaching its promise to award a new Toyota to the winner of an April 2001 sales contest. Berry alleged that her manager, Jared Blair, told the waitresses at the Hooters where she worked at the time that whoever sold the most beer at each participating location during April 2001 would be entered in a drawing, the winner of which would receive a new …

Recent Developments In Eminent Domain In Arkansas, Robert R. Wright

Faculty Scholarship

No abstract provided.

Once Around The Flag Pole: Construction Bidding And Contracts At Formation, Lawrence Lederman

Articles & Chapters

No abstract provided.