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Full-Text Articles in Law
Is A Signed Offer Sufficient To Satisfy The Statute Of Frauds?, Gregory S. Crespi
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 …
Contracting With Tortfeasors: Mandatory Arbitration Clauses And Personal Injury Claims, Elizabeth G. Thornburg
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.