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2004

Contracts

Discipline
Institution
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Articles 31 - 39 of 39

Full-Text Articles in Law

Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International And Mexican Law, Roberto Rosas Jan 2004

Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International And Mexican Law, Roberto Rosas

Faculty Articles

No abstract provided.

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Is A Signed Offer Sufficient To Satisfy The Statute Of Frauds?, Gregory S. Crespi Jan 2004

Is A Signed Offer Sufficient To Satisfy The Statute Of Frauds?, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

In this article, the author attempts to clarify the law on the issue of whether a signed offer is a “sufficient writing" to satisfy the statute of frauds requirement. The article seeks to demonstrate that much of the confusion among contract law treatises regarding this issue stems from the writers sometimes failing to distinguish clearly between "common law" state statutes of frauds and UCC Section 2-201. Given the large body of case law in support of allowing signed offers to satisfy the common law statute of frauds requirements, the author argues that courts should be more reluctant to interpret UCC …

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The Mold Rush: The Onslaught Of Mold-Related Bad Faith Suits Against Insurers And The Price For Homeowners, Kellie Maccready Jan 2004

The Mold Rush: The Onslaught Of Mold-Related Bad Faith Suits Against Insurers And The Price For Homeowners, Kellie Maccready

Villanova Environmental Law Journal

No abstract provided.

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Can Consumer-Choice Plans Satisfy Patients? Problems With Theory And Practice In Health Insurance Contracts, Wendy K. Mariner Jan 2004

Can Consumer-Choice Plans Satisfy Patients? Problems With Theory And Practice In Health Insurance Contracts, Wendy K. Mariner

Faculty Scholarship

Much scholarship has considered whether health care - and insurance - should be distributed by voluntary contract or subject to government standards or regulation. Contracts will likely play a key distributive role in any future health care system. Yet we do not fully understand where private contracting does and does not work to further the goals of equitable access to affordable care. This article examines the role of health insurance policies in defining and enforcing access to medical care, focusing on private employment-based group health benefit plans. It describes models of consumer choice health plans and critiques their capacity for …

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Contracting With Tortfeasors: Mandatory Arbitration Clauses And Personal Injury Claims, Elizabeth G. Thornburg Jan 2004

Contracting With Tortfeasors: Mandatory Arbitration Clauses And Personal Injury Claims, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

People thinking about contractual arbitration clauses usually envision the resulting disputes as contractual in nature. However, there is also a group of cases in which the clauses are used to compel arbitration of personal injury claims. This article examines those cases, including the impact of the Federal Arbitration Act on their enforcement. Next, the article considers the ways in which these pre-dispute, mandatory arbitration clauses can disturb the traditional values of procedural justice, contractual fairness, and the enforcement of tort-based duties. Finally, the article proposes changes in the law of arbitration and evaluates whether such changes are politically feasible.

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Contract Formation In Imperfect Markets: Should We Use Mediators In Deals?, Scott R. Peppet Jan 2004

Contract Formation In Imperfect Markets: Should We Use Mediators In Deals?, Scott R. Peppet

Publications

This Article asks a simple question: Could third-party mediators be helpful in deals, just as they are in disputes? This Article makes a theoretical argument for such interventions, but also presents preliminary empirical evidence suggesting that transactional mediation may already be taking place.

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Contracts – Only With Consent, Ronald J. Mann Jan 2004

Contracts – Only With Consent, Ronald J. Mann

Faculty Scholarship

My friend and former colleague Omri Ben-Shahar has established a reputation for providing nuanced and well-grounded applications of economic analysis to important problems of contract law. In recent years, he has undertaken the ambitious task of exploring a significant topic at the boundary of contract law: liability for problems that arise out of efforts to form a contract. The essay to which I reply, Contracts Without Consent: Exploring a New Basis for Contractual Liability, is his second work on that topic, following his 2001 article with Lucian Bebchuk entitled Precontractual Reliance. Collectively, these pieces provide a comprehensive analysis …

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Embedded Options In The Case Against Compensation In Contract Law, Robert E. Scott, George G. Triantis Jan 2004

Embedded Options In The Case Against Compensation In Contract Law, Robert E. Scott, George G. Triantis

Faculty Scholarship

Although compensation is the governing principle in contract law remedies, it has tenuous historical, economic, and empirical support. A promisor's right to breach and pay damages is only a subset of a larger family of termination rights that do not purport to compensate the promisee for losses suffered when the promisor walks away from the contemplated exchange. These termination rights can be characterized as embedded options that serve important risk management functions. We show that sellers often sell insurance to their buyers in the form of these embedded call options, and that termination fees, including damages, are in essence option …

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Self-Enforcing International Agreements And The Limits Of Coercion, Robert E. Scott, Paul B. Stephan Jan 2004

Self-Enforcing International Agreements And The Limits Of Coercion, Robert E. Scott, Paul B. Stephan

Faculty Scholarship

International law provides an ideal context for studying the effects of freedom from coercion on cooperative behavior. To be sure, almost all academic discussions on the subject begin by asking whether international law constitutes "law." But the category of all "international law" is too big and heterogeneous to permit useful analysis. Whether to regard, say, the rules governing the conduct of war or international humanitarian law as "law" presents radically different issues than analyzing the legal character of the Treaty of Rome (the constitutive instrument of the European Community), or the Warsaw Convention (the instrument governing contracts for the carriage …

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