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Full-Text Articles in Law
Contracts-Breach Distinguished From Rescission
Contracts-Breach Distinguished From Rescission
Indiana Law Journal
No abstract provided.
Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz
Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Just Say The "Magic Words": Advocating An Arbitration Clause Should Be Held To An Express Waiver Standard For The Doctrine Of Indian Sovereign Immunity--C&L Enterprises V. Citizen Band Potawatomi Indian Tribe, Jeremy Clinefelter
American Indian Law Review
No abstract provided.
Finding Fault With Wonnell's "Two Contractual Wrongs", George M. Cohen
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
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 …