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Full-Text Articles in Law
A New Theory Of Assent-Based Liability Emerging Under The Guise Of Promissory Estoppel: An Explanation And Defense, Juliet P. Kostritsky
A New Theory Of Assent-Based Liability Emerging Under The Guise Of Promissory Estoppel: An Explanation And Defense, Juliet P. Kostritsky
Juliet P Kostritsky
This article demonstrates that apparently divergent approaches (bargain and promissory estoppel) share unifying elemental criteria that situate them all squarely within an assent-based theory of enforceability. This article differs from scholarship that depicts promissory estoppel as having a different conceptual or theoretical basis for enforcement. This article posits that promissory estoppel, together with other orthodox doctrines, are merely substitute doctrinal methods for showing the assent required for an enforceable consensual exchange.
Common Law And Uncommon Events: The Development Of The Doctrine Of Impossibility Of Performance In English Contract Law, John D. Wladis
Common Law And Uncommon Events: The Development Of The Doctrine Of Impossibility Of Performance In English Contract Law, John D. Wladis
John D Wladis
No abstract provided.
Rethinking American Arbitration, Thomas J. Stipanowich
Rethinking American Arbitration, Thomas J. Stipanowich
Thomas J. Stipanowich
In this 1987 article, Professor Stipanowich extensively analyzes data from an unprecedented broad-based survey on contract-based commercial arbitration in the United States. The study, based on a survey by the ABA Forum on the Construction Industry, provides considerable insight into experiences and perceptions of American attorneys regarding arbitration and litigation of construction and engineering disputes. It also summarizes and compares data developed in earlier studies of arbitration practice and procedure and suggests possible new directions for arbitration procedures.
Posner's Third Symphony: Thinking About The Unthinkable, John Donohue, Ian Ayres
Posner's Third Symphony: Thinking About The Unthinkable, John Donohue, Ian Ayres
Ian Ayres
No abstract provided.