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Articles 1 - 22 of 22
Full-Text Articles in Law
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 …
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.
The Right Of Abortion In Surrogate Motherhood Arrangements, Carmina Y. D'Aversa
The Right Of Abortion In Surrogate Motherhood Arrangements, Carmina Y. D'Aversa
Northern Illinois University Law Review
This article examines whether the right of abortion in the surrogate motherhood context is subject to veto or waiver by contract. After reviewing legislative alternatives to vetoing the surrogate's right to abort, the article concludes that artificial womb technology is the ultimate solution to the couple's dilemma in securing a healthy baby.
Property Law, Janet C. Brooks
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.
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
Juliet P Kostritsky
This article demonstrates that 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.
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.
Clarifying The Nature Of Louisiana's Right Of First Refusal In The Transfer Of Immovables, R. David Wheat
Clarifying The Nature Of Louisiana's Right Of First Refusal In The Transfer Of Immovables, R. David Wheat
Louisiana Law Review
No abstract provided.
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
Duke Law Journal
No abstract provided.
A Student's Guide To Sales Of Goods, Letters Of Credit And Documents Of Title, Frederick M. Hart, Robert Laurence
A Student's Guide To Sales Of Goods, Letters Of Credit And Documents Of Title, Frederick M. Hart, Robert Laurence
Faculty Book Display Case
Copyright page, Preface, and Table of Contents only.
Common Law And Uncommon Events: The Development Of The Doctrine Of Impossibility Of Performance In English Contract Law, John D. Wladis
Common Law And Uncommon Events: The Development Of The Doctrine Of Impossibility Of Performance In English Contract Law, John D. Wladis
John D Wladis
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 …
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 …
Uniform Commercial Code: Disclaiming The Express Warranty In Computer Contracts--Taking The Byte Out Of The Ucc, Barbara Chretien-Dar
Uniform Commercial Code: Disclaiming The Express Warranty In Computer Contracts--Taking The Byte Out Of The Ucc, Barbara Chretien-Dar
Oklahoma Law Review
No abstract provided.
No Risk Allocation Need Apply: The Twisted Minnesota Law Of Indemnification, Daniel S. Kleinberger
No Risk Allocation Need Apply: The Twisted Minnesota Law Of Indemnification, Daniel S. Kleinberger
Faculty Scholarship
Minnesota's law on indemnification agreements is the most restrictive in the country. To provide a basis for understanding the law's restrictions, this Article begins with an analysis of the rationale and functions of indemnification agreements. The Article then reviews the hostility of both the common and statutory law to indemnification agreements and argues that opponents of indemnification have acted without convincing reasons or supporting evidence in substituting government rules for private decision-making.
Using The Uniform Commercial Code To Protect The Ideas That Make The Movies, Kerry Ryan
Using The Uniform Commercial Code To Protect The Ideas That Make The Movies, Kerry Ryan
Santa Clara Law Review
No abstract provided.
Obligations Of Contracts: Intent And Distortion, Robert C. Palmer
Obligations Of Contracts: Intent And Distortion, Robert C. Palmer
Case Western Reserve Law Review
No abstract provided.
A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts
A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts
St. Mary's Law Journal
The concept of good faith and fair dealing as a general derivative contractual obligation remains unrecognized in Texas. However, in English v. Fischer the Texas Supreme Court recognized a duty of good faith and fair dealing exists in some contracts. Subsequent courts, including the Texas Supreme Court, have refused to apply a purely contractual obligation of good faith and fair dealing in every case. Instead, courts have recognized a good faith duty as arising out of “special” relationships of the contracting parties rather than being inherent in the contract itself. The courts focus on “special relationships” as a determinative of …
Public Contracts, Private Contracts, And The Transformation Of The Constitutional Order, Thomas W. Merrill
Public Contracts, Private Contracts, And The Transformation Of The Constitutional Order, Thomas W. Merrill
Case Western Reserve Law Review
No abstract provided.
Rethinking American Arbitration, Thomas J. Stipanowich
Rethinking American Arbitration, Thomas J. Stipanowich
Thomas J. Stipanowich
In this 1987 article, Professor Stipanowich extensively analyzes data from an unprecedented broad-based survey on contract-based commercial arbitration in the United States. The study, based on a survey by the ABA Forum on the Construction Industry, provides considerable insight into experiences and perceptions of American attorneys regarding arbitration and litigation of construction and engineering disputes. It also summarizes and compares data developed in earlier studies of arbitration practice and procedure and suggests possible new directions for arbitration procedures.
Posner's Third Symphony: Thinking About The Unthinkable, John Donohue, Ian Ayres
Posner's Third Symphony: Thinking About The Unthinkable, John Donohue, Ian Ayres
Ian Ayres
No abstract provided.