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Articles 1 - 30 of 45
Full-Text Articles in Law
When Owners Should Pay For Construction Delay: Corinno Civetta Construction Corp. And The No-Damage-For-Delay Clause, Marc Handelman
When Owners Should Pay For Construction Delay: Corinno Civetta Construction Corp. And The No-Damage-For-Delay Clause, Marc Handelman
Cardozo Law Review
No abstract provided.
A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thurmann
A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thurmann
Scholarly Works
The purpose of this article is rather simple, extracting a new theory of standard form contracts from the good bits of the spectrum of "old" ideas and combining them with some fresh rethinking. For something fresh, the authors choose to examine the German law on standard form contracts. The authors have tried to remain neutral observers but in extracting the best from the spectrum of ideas one necessarily states--in this instance, one of pragmatic compromise. Thus, this article will cull and identify elements from the spectrum specifically concerning standard form contracts and compare them with the German approach. This process …
The Arkansas Law Of Oil And Gas: Chapter V, Susan Webber Wright
The Arkansas Law Of Oil And Gas: Chapter V, Susan Webber Wright
University of Arkansas at Little Rock Law Review
No abstract provided.
How To Read, Or At Least Not Misread, Cardozo In The Allegheny College Case, Alfred S. Konefsky
How To Read, Or At Least Not Misread, Cardozo In The Allegheny College Case, Alfred S. Konefsky
Buffalo Law Review
No abstract provided.
Newsletter Vol.15 No.4 1987, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.15 No.4 1987, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
Article Two Warranties In Commercial Transactions: An Update, Kathryn L. Moore, Debra L. Goetz, Douglas E. Perry, David S. Rabb
Article Two Warranties In Commercial Transactions: An Update, Kathryn L. Moore, Debra L. Goetz, Douglas E. Perry, David S. Rabb
Law Faculty Scholarly Articles
In 1978 the Cornell Law Review published a Special Project devoted to Article Two commercial warranties. Nine years have since elapsed, and we have decided to update and reassess this important area of the law. We have discovered that although judicial treatment of many aspects of Article Two warranty law has remained stable, in some instances the courts' treatment has progressed and in other instances it has become unclear. This Special Project is our attempt to assemble these changes, interpret the progress, and suggest new lines of analysis to clarify areas of conflict.
Duress In The Canadian And English Law Of Restitution:, G Hl Fridman
Duress In The Canadian And English Law Of Restitution:, G Hl Fridman
Dalhousie Law Journal
The early history of restitution reveals that duress was relevant in two situations. In the first, one party compelled another to pay him money by reason of some threat. In the second situation, one party compelled another to pay him money which was in fact owed by a third party to the one exercising the compulsion. The former situation was a straight forward one, in which the party exercising the duress falsely or legitimately (though perhaps erroneously) caused the party subjected to the duress to accept that a debt existed between the two parties, or that the party exerting pressure …
Nonconsensual Repeal Of Third-Party Beneficiary Contract Rights: Senior Creditors Under Subordination Agreements, Jessica A. Hauser
Nonconsensual Repeal Of Third-Party Beneficiary Contract Rights: Senior Creditors Under Subordination Agreements, Jessica A. Hauser
Cardozo Law Review
No abstract provided.
Newsletter Vol.15 No.3 1987, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.15 No.3 1987, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
Contracts Scholarship In The Age Of Anthology, E. Allan Farnsworth
Contracts Scholarship In The Age Of Anthology, E. Allan Farnsworth
Michigan Law Review
In the first part of this article, I trace the history of the Age. I observe that for nearly forty years, from 1881 to the time of World War I, there was a significant decline in contracts scholarship and conclude that the principal explanation for these lean years lies in the shift in scholars' focus from an audience of practitioners to one of students that resulted from the introduction of the case method. In the second part of the article, I look at the way in which the anthologists wielded the considerable influence that each had when only a few …
Prudence Of Electric Utilities' Coal Contracts And Fuel Procurement Practices: The Impact On Coal Contract Negotiations, Amy R. Templeton
Prudence Of Electric Utilities' Coal Contracts And Fuel Procurement Practices: The Impact On Coal Contract Negotiations, Amy R. Templeton
West Virginia Law Review
No abstract provided.
Protecting Corporate Directors And Officers: Indemnification, Robert P. Mckinney
Protecting Corporate Directors And Officers: Indemnification, Robert P. Mckinney
Vanderbilt Law Review
This Special Project Note on indemnification and the succeeding Special Project Note on insurance are intended to offer practical advice to practitioners with corporate clients. All fifty states have passed indemnification statutes that establish the scope and terms under which a corporation may, and in some cases must, indemnify its directors and officers. Legal counsel should test the scope of a particular indemnification statute by determining what standards must be met, what procedures must be followed, and what expenses may be indemnified under the relevant state statute. If a particular indemnification statute is not limited to the alternatives specified therein, …
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.
A Rose By Any Other Word: Mutual Mistake In Sherwood V. Walker, Robert Birmingham
A Rose By Any Other Word: Mutual Mistake In Sherwood V. Walker, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Enforcing Surrogate Motherhood Agreements: The Trouble With Specific Performance, Susan M. Wolf
Enforcing Surrogate Motherhood Agreements: The Trouble With Specific Performance, Susan M. Wolf
NYLS Journal of Human Rights
No abstract provided.
Surrogacy V. The Thirteenth Amendment, Cyril C. Means Jr.
Surrogacy V. The Thirteenth Amendment, Cyril C. Means Jr.
NYLS Journal of Human Rights
No abstract provided.
Conceiving For Cash; Is It Legal? A Survey Of The Laws Applicable To Surrogate Motherhood, Shereen Taylor
Conceiving For Cash; Is It Legal? A Survey Of The Laws Applicable To Surrogate Motherhood, Shereen Taylor
NYLS Journal of Human Rights
No abstract provided.
La Buena Fe En La Concurrencia Sobre Bienes Inmuebles, Gastón Fernández Cruz
La Buena Fe En La Concurrencia Sobre Bienes Inmuebles, Gastón Fernández Cruz
Gastón Fernández Cruz
No abstract provided.
Insurance In The People's Republic Of China: Laws And Practice, Henry R. Zheng
Insurance In The People's Republic Of China: Laws And Practice, Henry R. Zheng
Vanderbilt Journal of Transnational Law
The insurance industry in the People's Republic of China (PRC) has expanded rapidly during the past several years. Since the end of 1979 when domestic insurance was reestablished, the income generated from insurance business has been increasing at a rate of over forty-four percent annually.' By early 1987, over 500,000 enterprises and business entities utilized property insurance and about 34 million people purchased personal insurance; during the first half of 1986 the total insurance earnings from the People's Insurance Company of China alone reached a record high of over 2.33 billion yuan. In the meantime, the insurance business has become …
Validity Of Contracts Under The United Nations Convention On Contracts For The International Sale Of Goods, Christoph R. Heiz
Validity Of Contracts Under The United Nations Convention On Contracts For The International Sale Of Goods, Christoph R. Heiz
Vanderbilt Journal of Transnational Law
Under article 4(a) of the CISG, domestic law governs if a sales contract's validity is at issue.' One must consult the conflict of laws provisions of private international law to determine which domestic law is applicable.
In contrast to the Convention, the Swiss Code of Obligations as well as relevant Swiss literature and jurisprudence clearly address the issue of contractual validity. Swiss contract law's error provisions are characterized as contract validity rules. If, for instance, a buyer claims that he erred on a certain fact that was a necessary basis for him to enter into an international sales contract under …
The Bankruptcy Code, The Copyright Act, And Transactions In Computer Software, 7 Computer L.J. 327 (1987), Thomas M.S. Hemnes, Susan Barbieri Montgomery
The Bankruptcy Code, The Copyright Act, And Transactions In Computer Software, 7 Computer L.J. 327 (1987), Thomas M.S. Hemnes, Susan Barbieri Montgomery
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Municipal Lease-Purchase Agreements: A Virginia Perspective, R. Webb Moore
Municipal Lease-Purchase Agreements: A Virginia Perspective, R. Webb Moore
University of Richmond Law Review
America's state and local governments are in a fiscal vise. Federal intergovernmental aid reached a high water mark in fiscal 1979, but subsequent cutbacks by President Reagan and Congress brought the era of rapid growth in federal domestic spending to a screeching halt in 1981 with reductions of over fifty-three billion dollars in budgetary authority and thirty-five billion dollars in budgetary outlays. Local governments have responded by taking one of three fiscal paths: (1) forced austerity, resulting in school and library closings, deteriorating infrastructure, elimination of mass-transit systems and benefit and personnel cuts; (2) an increased dependence on local tax …
Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie
Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie
LLM Theses and Essays
Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …
The Collision Of Tort And Contract In The Construction Industry, Murray H. Wright, Edward E. Nicholas Iii
The Collision Of Tort And Contract In The Construction Industry, Murray H. Wright, Edward E. Nicholas Iii
University of Richmond Law Review
Over the past two decades, several courts have allowed construction industry plaintiffs to assert tort claims to recover for purely economic losses (i.e. other than injury to person or property) from other participants in the construction process. Parties assert tort claims, instead of or in addition to contract claims, to take advantage of the more liberal tort damage rules and, probably more importantly, to escape unfavorable contract provisions. This article briefly discusses the different origins and goals of tort and contract law. It then reviews some of the decisions allowing recovery of purely economic losses in tort as well as …
Jefferson Parish And Its Progeny: More Efficient Health Care At What Price?, H. Ward Classen
Jefferson Parish And Its Progeny: More Efficient Health Care At What Price?, H. Ward Classen
Kentucky Law Journal
No abstract provided.
Contractual Theories Of Recovery In The Hmo Provider-Subscriber Relationship: Prospective Litigation For Breach Of Contract, Randolph E. Sarnacki
Contractual Theories Of Recovery In The Hmo Provider-Subscriber Relationship: Prospective Litigation For Breach Of Contract, Randolph E. Sarnacki
Buffalo Law Review
No abstract provided.
A New Theory Of Assent-Based Liability Emerging Under The Guise Of Promissory Estoppel: An Explanation And Defense, Juliet P. Kostritsky
A New Theory Of Assent-Based Liability Emerging Under The Guise Of Promissory Estoppel: An Explanation And Defense, Juliet P. Kostritsky
Faculty Publications
This Article will demonstrate that these apparently divergent approaches (bargain and promissory estoppel) share unifying elemental criteria that situate them all squarely within an assent-based theory of enforceability. This Article differs from scholarship that depicts promissory estoppel as having a different conceptual or theoretical basis for enforcement. This Article posits that promissory estoppel, together with other orthodox doctrines, are merely substitute doctrinal methods for showing the assent required for an enforceable consensual exchange.
Farm Crop Energy V. Old National Bank: A Meaningful Test For Damages Under Promissory Estoppel?, Glen Andrew Anderson
Farm Crop Energy V. Old National Bank: A Meaningful Test For Damages Under Promissory Estoppel?, Glen Andrew Anderson
Seattle University Law Review
This Note proposes that an award of lost profits under promissory estoppel should be made only when the circumstances surrounding the making of the promise justify enforcing it as if it were a contract. Operating on the assumption that a promise is found to be a reasonable basis for reliance, this Note will propose some criteria by which a court can determine when a promise justifies a damage award in excess of the costs of reliance. These criteria will then be applied to the Farm Crop facts to demonstrate that remedies can be administered under a standard that is rational …
China's Foreign Economic Contract Law: Its Significance And Analysis, Zhang Yuqing, James S. Mclean
China's Foreign Economic Contract Law: Its Significance And Analysis, Zhang Yuqing, James S. Mclean
Northwestern Journal of International Law & Business
Postrevolutionary China did not trade with the West prior to the announcement of its "open door policy" in 1977, when one-fifth of the world's population joined the mainstream global trading system. Since then, China's trade has increased dramatically, particularly with the United States. China's need for trade regulation and control resulted in the Foreign Economic Contract Law' ("FECL") in 1985. Through an understanding of the FECL's provisions and East-West trade characteristics, the practitioner may become an effective advisor to clients who trade with China or who are considering doing so.
The Modification Mystery: Section 2-209 Of The Uniform Commercial Code, John E. Murray Jr.
The Modification Mystery: Section 2-209 Of The Uniform Commercial Code, John E. Murray Jr.
Villanova Law Review (1956 - )
No abstract provided.