Law Commons^™

Acquisition Of Real Estate In Mexico By U.S. Citizens And American Companies, Jorge A. Vargas

San Diego International Law Journal

Buying real estate in Mexico, or enjoying the beneficiary rights through a real estate trust, known in Mexico as fideicomiso, involves a considerable amount of money and effort. One must take into account that this legal transaction is executed in Mexico in accordance with Mexican law-a foreign legal system belonging to the civil legal tradition, contrasted by the U.S. legal system derivative of the common law tradition-and recognize that Americans and U.S. legal entities are typically quite unfamiliar with Mexican law. This Article provides a complete overview of the process of acquiring real estate in Mexico by Americans and U.S. …

The Unique Jurisprudence Of Letters Of Credit: Its Origin And Sources, Gao Xiang, Ross P. Buckley

San Diego International Law Journal

This Article seeks to illumine the legal nature of the letter of credit instrument, and catalogue the various sources of law and rules that can govern it; and, by doing so, render a service to those who must quickly come to grips with letter of credit law. The Article is in two parts. The first part examines the legal nature of the letter of credit by looking at its definition, operation, and history and by comparing it with negotiable instruments and contracts. The second part considers the rules, customs, and regulations governing letters of credit and introduces the two fundamental …

Finding Fault With Wonnell's "Two Contractual Wrongs", George M. Cohen

San Diego Law Review

Professor Christopher Wonnell's excellent paper, Expectation, Reliance, and the Two Contractual Wrongs,' makes two basic points,

both of which I find convincing, but neither of which contract scholars generally appreciate and accept. The first point, largely descriptive and so less controversial, is that the concepts of expectation and reliance are not simply two different ways of conceiving compensation; rather, they are two different ways of conceiving contractual wrongs from both a moral and an economic perspective.2 From a moral perspective, expectation damages remedy the wrong of breaching a contractual promise that should have been performed. Reliance damages remedy the wrong …

Remedies For Imperfect Transactions In Contracts And Torts, David W. Barnes

San Diego Law Review

The papers by Professors DeLong, Wonnell, and Kelly in this Symposium address different types of imperfect transactions. Promises that are the subject of section 90 of the Restatement (Second) of Contracts are imperfect in the sense that they lack consideration or are disclaimed in subsequent, formalized, written contracts.' Section 90 authorizes courts to find remedies for reasonable but fruitless expenditures induced by parties who make promises on which they should reasonably expect others to rely.2 Professor DeLong decries courts' formalist strategies for enforcing disclaimers that eliminate these promisors' potential liability for intentionally imperfect transactions.' Taking Professor DeLong's analysis of imperfect …

Contracts In Wonderland: A Fable Regarding The Administrative Adjudication Of Qualifying Facility Contracts In California, Arturo Gandara

San Diego Law Review

This Article is a call for reconsideration of the practice and judicial sanction of the administrative adjudication of contracts. It conducts a detailed examination of the adjudication of Qualifying Facility contracts by rate regulatory agencies. The broader case regarding the adjudication of contracts by administrative agencies is made to reveal the dimensions of matters of governance implicated by agency adjudication of contracts. The author concludes that regulatory bodies do not serve the best economic interests of society by adjudicating contract disputes.

Conflict Of Laws - Gambling Contract, Valid Where Made, Held Unenforceable By Forum Public Policy (Intercontinenal Hotels Corp. V. Golden, N.Y. 1963), Gerald A. Falbo

San Diego Law Review

This recent case discusses Intercontinenal Hotels Corp. v. Golden, N.Y. 1963.

Formal And Doctrinal Differences Between Government And Private Contracts, Charles A. Lynch, Edward C. Reading

San Diego Law Review

Justice Holmes admonishes us that "men must turn square corners when they deal with the Government." This "Square Corner Doctrine" finds application in the extensive and expanding area of government contracting. This note surveys briefly some ways in which a contract between the United States Government and a private businessman or corporation may be at variance with a contract between private parties based upon common law principles.