Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 50

Full-Text Articles in Law

Sound The Alarm: Limitations Of Liability In Alarm Service Contracts, Joshua N. Cohen Nov 2016

Sound The Alarm: Limitations Of Liability In Alarm Service Contracts, Joshua N. Cohen

Fordham Law Review

Home and business owners increasingly rely on alarm systems to protect against theft and property damage. When a burglary or fire occurs and an alarm service customer discovers that the alarm company negligently failed to call the police or fire department, the customer understandably would expect redress for the company’s failure to provide its service. Many customers would be surprised, though, to discover that an alarm company’s liability is often contractually limited to a relatively token amount unrelated to the cost of the service, even when the alarm company is negligent. Some states view these limitations of liability ...


Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins, Danielle Sawaya Nov 2014

Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins, Danielle Sawaya

Fordham Law Review

Most litigants, if given the chance, prefer to assert tort theories to recover their economic losses, rather than rely on the remedies provided under contract law. This is primarily because plaintiffs have the potential to recover more damages under tort law than contract law. However, most courts have adopted a doctrine known as the economic loss rule to bar plaintiffs from asserting certain tort theories to recover for their economic loss. Although the economic loss rule may seem like an easy way to maintain the boundary between tort law and contract law, confusion abounds when courts attempt to determine the ...


Inherit The Cloud: The Role Of Private Contracts In Distributing Or Deleting Digital Assets At Death, Natalie M. Banta Nov 2014

Inherit The Cloud: The Role Of Private Contracts In Distributing Or Deleting Digital Assets At Death, Natalie M. Banta

Fordham Law Review

We live in a world permeated with technology. Through our online accounts we write emails, we store pictures, videos, and documents, we pay bills and conduct financial transactions, we buy digital books and music, and we manage loyalty programs. Digital assets have quickly replaced physical letters, pictures, books, compact discs, and documents stored in filing cabinets and shoeboxes. The emergence of digital assets raises pressing questions regarding the treatment of digital assets at an account holder’s death. Unlike digital assets’ physical counterparts, an account holder does not control the ultimate fate of digital assets. Instead, digital assets are controlled ...


Contractualizing Custody, Sarah Abramowicz Oct 2014

Contractualizing Custody, Sarah Abramowicz

Fordham Law Review

Many scholars otherwise in favor of the enforcement of family contracts agree that parent-child relationships should continue to prove the exception to any contractualized family law regime. This Article instead questions the continued refusal to enforce contracts concerning parental rights to children’s custody. It argues that the refusal to enforce such contracts contributes to a differential treatment of two types of families: those deemed “intact”—typically consisting of two married parents and their offspring—and those deemed non-intact. Intact families are granted a degree of freedom from government intervention, provided that there is no evidence that children are in ...


What Contracts Cannot Do: The Limits Of Private Ordering In Facilitating A Creative Commons , Niva Elkin-Koren Jan 2005

What Contracts Cannot Do: The Limits Of Private Ordering In Facilitating A Creative Commons , Niva Elkin-Koren

Fordham Law Review

No abstract provided.


Corbin And Fuller's Cases On Contracts (1942?): The Casebook That Never Was, Scott D. Gerber Jan 2003

Corbin And Fuller's Cases On Contracts (1942?): The Casebook That Never Was, Scott D. Gerber

Fordham Law Review

No abstract provided.


The Origins Of The Objective Theory Of Contract Formation And Interpretation, Joseph M. Perillo Jan 2000

The Origins Of The Objective Theory Of Contract Formation And Interpretation, Joseph M. Perillo

Fordham Law Review

No abstract provided.


Intellectual Property, Contracts, And Reverse Engineering After Procd: A Proposed Compromise For Computer Software, Anthony J. Mahajan Jan 1999

Intellectual Property, Contracts, And Reverse Engineering After Procd: A Proposed Compromise For Computer Software, Anthony J. Mahajan

Fordham Law Review

No abstract provided.


Continuity For Transatlantic Commercial Contracts After The Introduction Of The Euro, Rebecca H. Marek Jan 1998

Continuity For Transatlantic Commercial Contracts After The Introduction Of The Euro, Rebecca H. Marek

Fordham Law Review

No abstract provided.


Definite And Substantial Reliance: Remedying Injustice Under Section 90, Gerald Griffin Reidy Jan 1998

Definite And Substantial Reliance: Remedying Injustice Under Section 90, Gerald Griffin Reidy

Fordham Law Review

No abstract provided.


Consequential Damages For Commercial Loss: An Alternative To Hadley V. Baxendale, Thomas A. Diamond, Howard Foss Jan 1994

Consequential Damages For Commercial Loss: An Alternative To Hadley V. Baxendale, Thomas A. Diamond, Howard Foss

Fordham Law Review

No abstract provided.


Dedication To Professor Edward Yorio Jan 1992

Dedication To Professor Edward Yorio

Fordham Law Review

The Board of Editors of the Fordham Law Review Dedicates this Issue to the memory of Professor Edward Yorio Professor of Contracts. Edward Yorio graduated from Harvard Law School with honors in 1971 and was appointed to the faculty of Fordham Law School in 1973. In a very short time, he became a dearly valued member of the legal profession and of the Fordham Law School community. To students who had the privilege of taking his Contracts class, he was a dedicated teacher who inspired them with his energy, mind, and ability to teach. Utilizing his keen wit, Professor Yorio ...


The Last Promissory Estoppel Article, Jay M. Feinman Jan 1992

The Last Promissory Estoppel Article, Jay M. Feinman

Fordham Law Review

In this essay, Professor Feinman argues that the doctrine of promissory estoppel has outlived its usefulness as a theory of contract Professor Feinman relies on an article written by Professors Edward Yorio and Steven Thel as an illustration of the debate over whether promissory estoppel is based upon the enforcement of promises or the protection of reliance. Professor Feinman rejects the conceptual framework upon which this debate is based and ultimately proposes that contract law should move to a relational analysis, ignoring the distinction between promise and reliance and replacing it with an analysis of the obligations involved in a ...


John Calamari--A Tribute, Joseph M. Perillo Jan 1991

John Calamari--A Tribute, Joseph M. Perillo

Fordham Law Review

No abstract provided.


When Does The "Fat Lady" Sing? An Analysis Of "Agreements In Principle" In Corporate Acquisitions, Harvey L. Temkin Jan 1986

When Does The "Fat Lady" Sing? An Analysis Of "Agreements In Principle" In Corporate Acquisitions, Harvey L. Temkin

Fordham Law Review

No abstract provided.


The Parol Evidence Rule And Implied Terms: The Sound Of Silence, Helen Hadjiyannakis Jan 1985

The Parol Evidence Rule And Implied Terms: The Sound Of Silence, Helen Hadjiyannakis

Fordham Law Review

No abstract provided.


Intercollegiate Athletics And Television Contracts: Beyond Economic Justifications In Antitrust Analysis Of Agreements Among Colleges, Eugene D. Gulland, J. Peter Byrne, Sheldon Elliot Steinbach Jan 1984

Intercollegiate Athletics And Television Contracts: Beyond Economic Justifications In Antitrust Analysis Of Agreements Among Colleges, Eugene D. Gulland, J. Peter Byrne, Sheldon Elliot Steinbach

Fordham Law Review

No abstract provided.


The Statute Of Frauds' Lifetime And Testamentary Provisions: Safeguarding Decedents' Estates, Karen J. Walsh Jan 1981

The Statute Of Frauds' Lifetime And Testamentary Provisions: Safeguarding Decedents' Estates, Karen J. Walsh

Fordham Law Review

No abstract provided.


Choice Of Law In Federal Bail Bond Contracts: Protecting Principles Of Federalism, Joseph A. Coco Jan 1980

Choice Of Law In Federal Bail Bond Contracts: Protecting Principles Of Federalism, Joseph A. Coco

Fordham Law Review

No abstract provided.


Regulation Of International Transactions Under The Commodity Exchange Act, Jerry W. Markham Jan 1979

Regulation Of International Transactions Under The Commodity Exchange Act, Jerry W. Markham

Fordham Law Review

No abstract provided.


Regulation Of International Transactions Under The Commodity Exchange Act, Jerry W. Markham Jan 1979

Regulation Of International Transactions Under The Commodity Exchange Act, Jerry W. Markham

Fordham Law Review

No abstract provided.


Chris-Craft And Loss Of Opportunitiy To Control: The Lost Opportunity , Arthur P. Lowenstein Jan 1975

Chris-Craft And Loss Of Opportunitiy To Control: The Lost Opportunity , Arthur P. Lowenstein

Fordham Law Review

No abstract provided.


Promissory Estoppel As A Means Of Defeating The Statute Of Frauds, Jeffrey G. Steinberg Jan 1975

Promissory Estoppel As A Means Of Defeating The Statute Of Frauds, Jeffrey G. Steinberg

Fordham Law Review

No abstract provided.


Arbitration And Forum Selection Clauses In International Business: The Supreme Court Takes An Internationalist View, Thomas J. O'Connell Jan 1974

Arbitration And Forum Selection Clauses In International Business: The Supreme Court Takes An Internationalist View, Thomas J. O'Connell

Fordham Law Review

No abstract provided.


The Statute Of Frauds In The Light Of The Functions And Dysfunctions Of Form, Joseph M. Perillo Jan 1974

The Statute Of Frauds In The Light Of The Functions And Dysfunctions Of Form, Joseph M. Perillo

Fordham Law Review

No abstract provided.


Contracts For The Benefit Of Third Parties In The Construction Industry Jan 1971

Contracts For The Benefit Of Third Parties In The Construction Industry

Fordham Law Review

No abstract provided.


I By R 1, 2, 3, 5, 7 . . . , Robert A. Kessler Jan 1968

I By R 1, 2, 3, 5, 7 . . . , Robert A. Kessler

Fordham Law Review

No abstract provided.


"Hot Cargo" Clauses In Construction Industry Labor Contracts Jan 1968

"Hot Cargo" Clauses In Construction Industry Labor Contracts

Fordham Law Review

No abstract provided.


I By R 1, 2, 3, 5, 7 . . . , Robert A. Kessler Jan 1968

I By R 1, 2, 3, 5, 7 . . . , Robert A. Kessler

Fordham Law Review

No abstract provided.


"Hot Cargo" Clauses In Construction Industry Labor Contracts Jan 1968

"Hot Cargo" Clauses In Construction Industry Labor Contracts

Fordham Law Review

No abstract provided.