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Articles 1 - 30 of 31
Full-Text Articles in Law
Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins
Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins
Villanova Law Review
A private transfer fee (PTF) is typically created when a developer or homeowner decides to attach a covenant to the title of the home. This covenant, the PTF covenant, attaches the PTF to the real property. These covenants require payment of a fee—typically stated as one percent of the property's sale price—upon each resale or transfer of the property and often survive for a period of ninety-nine years. The recipients or owners of the PTF (PTF beneficiaries) can be almost anyone, including property developers, PTF developers, home owner associations (HOA), private investors, state governments, and non-profit charities. Usually, the PTF …
Interest As Damages, John Y. Gotanda, Thierry J. Sénéchal
Interest As Damages, John Y. Gotanda, Thierry J. Sénéchal
Working Paper Series
In this article, we posit that when arbitral tribunals decide international disputes, they typically fail to fully compensate claimants for the loss of the use of their money. This failure occurs because they do not acknowledge that businesses typically invest in opportunities that pose a significantly greater risk than the risk reflected in such commonly used standards as U.S. T-bills and LIBOR rates. Claimants also must share the blame when they do not set out a well-constructed claim for interest as damages. However, even when claimants do so, tribunals often award damages at a statutory rate or at rate reflecting …
The Economics Of Deal Risk: Allocating Risk Through Mac Clauses In Business Combination Agreements, Robert T. Miller
The Economics Of Deal Risk: Allocating Risk Through Mac Clauses In Business Combination Agreements, Robert T. Miller
Working Paper Series
In any large corporate acquisition, there is a delay between the time the parties enter into a merger agreement (the signing) and the time the merger is effected and the purchase price paid (the closing). During this period, the business of one of the parties may deteriorate. When this happens to a target company in a cash deal, or to either party in a stock-for-stock deal, the counterparty may no longer want to consummate the transaction. The primary contractual protection parties have in such situations is the merger agreement’s “material adverse change” (MAC) clause. Such clauses are heavily negotiated and …
Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda
Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda
Working Paper Series
The United Nations Convention on the International Sale of Goods (CISG) sets forth only a basic framework for the recovery of damages, thereby giving a court of tribunal broad authority to determine an aggrieved party’s loss based on circumstances of the particular case. Unfortunately, the lack of specificity has resulted in much litigation, and seemingly conflicting results. To remedy this problem, some have argued that the gaps in the CISG damages provisions should be filled with the UNIDROIT Principles of International Commercial Contracts. In this paper, I argue that the gap-filling rules of CISG preclude the UNIDROIT Principles from being …
The Reemergence Of Restitution: Theory And Practice In The Restatement (Third) Of Restitution, Chaim Saiman
The Reemergence Of Restitution: Theory And Practice In The Restatement (Third) Of Restitution, Chaim Saiman
Working Paper Series
The ALI’s Restatement (Third) of Restitution provides one of the most interesting expressions of contemporary legal conceptualism. This paper explores the theory and practice of post-realist conceptualism through a review and critique of the Restatement. At the theoretical level, the paper develops a typology of different forms of conceptualism, and shows that the Restatement has more in common with the high formalism of the nineteenth century than with contemporary modes of private law discourse. At the level of substantive doctrine, the paper explains why labels in fact make a difference, and assesses which recoveries are more (and less) likely under …
Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda
Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda
Working Paper Series
In contract disputes between transnational contracting parties, damages are often awarded to compensate a claimant for loss, injury or detriment resulting from a respondent’s failure to perform the agreement. In fact, damages may be the principal means of substituting for performance or they may complement other remedies, such as recision or specific performance.
Damages for breach of contract typically serve to protect one of three interests of a claimant: (1) performance interest (also known as expectation interest); (2) reliance interest; or (3) restitution interest. The primary goal of damages in most jurisdictions is to fulfil a claimant’s performance interest by …
The Mold Rush: The Onslaught Of Mold-Related Bad Faith Suits Against Insurers And The Price For Homeowners, Kellie Maccready
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.
Legal Considerations For Sponsorship Contracts Of Olympic Athletes, Leigh Augustine-Schlossinger
Legal Considerations For Sponsorship Contracts Of Olympic Athletes, Leigh Augustine-Schlossinger
Jeffrey S. Moorad Sports Law Journal
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.
Insurance - Suit Limitation Clause - An Insurer's Bad Faith Accusation Of Criminal Conduct By The Insured, Or An Accusation Which Is The Result Of A Negligent Investigation, Can Toll The Suit Limitation Clause, Kathleen Seybold Turezyn
Insurance - Suit Limitation Clause - An Insurer's Bad Faith Accusation Of Criminal Conduct By The Insured, Or An Accusation Which Is The Result Of A Negligent Investigation, Can Toll The Suit Limitation Clause, Kathleen Seybold Turezyn
Villanova Law Review
No abstract provided.
The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams
The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams
Villanova Law Review
No abstract provided.
Secured Transactions - What Floats Can Be Sunk, Jack B. Justice
Secured Transactions - What Floats Can Be Sunk, Jack B. Justice
Villanova Law Review
No abstract provided.
Constitutional Law - Contract Clause - Minnesota's Pension Plan Act Violates Contract Clause, Craig R. Shagin
Constitutional Law - Contract Clause - Minnesota's Pension Plan Act Violates Contract Clause, Craig R. Shagin
Villanova Law Review
No abstract provided.
Contract Law - Life Insurance Contracts - Temporary Insurance - Binding Receipts Imposing Conditions Precedent Upon Temporary Insurance Coverage Held Ineffective In Pennsylvania, William Jackson
Villanova Law Review
No abstract provided.
Federal Courts - Use Of Mandamus To Compel Adjudication Of A Claim Within Exclusive Federal Jurisdiction, Glenn S. Goldstein
Federal Courts - Use Of Mandamus To Compel Adjudication Of A Claim Within Exclusive Federal Jurisdiction, Glenn S. Goldstein
Villanova Law Review
No abstract provided.
An Examination Of Section 8(F) Of The National Labor Relations Act, Missy Walrath
An Examination Of Section 8(F) Of The National Labor Relations Act, Missy Walrath
Villanova Law Review
No abstract provided.
Severance Of Buyer's Defenses Against Seller's Assignee Through Merger-Disclaimer Clauses: Circumvention Of Uccc Sections 2.403 And 2.404, Robert Dugan
Villanova Law Review
No abstract provided.
Patent Law - License Agreements - Royalties Paid Are Not Recoverable By Licensee Upon Showing Of Patent Invalidity, Richard B. Hardt
Patent Law - License Agreements - Royalties Paid Are Not Recoverable By Licensee Upon Showing Of Patent Invalidity, Richard B. Hardt
Villanova Law Review
No abstract provided.
Landlord And Tenant - Pennsylvania'a Distress And Distraint Law - Landlord's Distress Procedure Is Per Se Unconstitutional As Violative Of Due Process Of Law, Richard L. Reppert
Landlord And Tenant - Pennsylvania'a Distress And Distraint Law - Landlord's Distress Procedure Is Per Se Unconstitutional As Violative Of Due Process Of Law, Richard L. Reppert
Villanova Law Review
No abstract provided.
The Patent-Antitrust Balance: Proposals For Change, N.R. Powers
The Patent-Antitrust Balance: Proposals For Change, N.R. Powers
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
Moral Obligation As Consideration In Contracts, W. Jack Grosse
Moral Obligation As Consideration In Contracts, W. Jack Grosse
Villanova Law Review
No abstract provided.
Profits And Their Recovery, Graham Douthwaite
Profits And Their Recovery, Graham Douthwaite
Villanova Law Review
No abstract provided.
The Truth-In-Negotiations Act: The Need For Both Truth And Fairness, Ward T. Williams
The Truth-In-Negotiations Act: The Need For Both Truth And Fairness, Ward T. Williams
Villanova Law Review
No abstract provided.
Legislative Solution To A Judicial Dilemma: The Pennsylvania Home Improvement Finance Act, Edward Gerald Donnelly Jr.
Legislative Solution To A Judicial Dilemma: The Pennsylvania Home Improvement Finance Act, Edward Gerald Donnelly Jr.
Villanova Law Review
No abstract provided.
Remedies Of The Vendor And Purchaser Under A Contract For The Sale Of Realty In Pennsylvania, Michael H. Hynes
Remedies Of The Vendor And Purchaser Under A Contract For The Sale Of Realty In Pennsylvania, Michael H. Hynes
Villanova Law Review
No abstract provided.
Judicial Enforcement Of Labor Contracts And Employment Rights Under Pennsylvania Law, I. Herman Stern
Judicial Enforcement Of Labor Contracts And Employment Rights Under Pennsylvania Law, I. Herman Stern
Villanova Law Review
No abstract provided.
Judicial Enforcement Of Labor Contracts And Employment Rights Under Pennsylvania Law, I. Herman Stern
Judicial Enforcement Of Labor Contracts And Employment Rights Under Pennsylvania Law, I. Herman Stern
Villanova Law Review
No abstract provided.
Inventors And Their Relations With Others, Howard I. Forman
Inventors And Their Relations With Others, Howard I. Forman
Villanova Law Review
No abstract provided.
Recent Decisions, Various Editors