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Articles 1201 - 1230 of 1779
Full-Text Articles in Law
Good Faith And Chapter 13 Discharge: How Much Discretion Is Too Much?, Ellen M. Horn
Good Faith And Chapter 13 Discharge: How Much Discretion Is Too Much?, Ellen M. Horn
Cardozo Law Review
No abstract provided.
Frontispiece On Good Faith: A Functional Approach Within The Ucc, Christina L. Kunz
Frontispiece On Good Faith: A Functional Approach Within The Ucc, Christina L. Kunz
Faculty Scholarship
This article examines areas of the law with thin jurisprudences on good faith, and how the Uniform Commercial Code’s (UCC’s) express statutory rules have become an active laboratory of experiments on good faith. Part I discusses the general obligation of good faith under the UCC. Part II lays out and discusses how the specific UCC provisions on good faith serve one or more of the following functions: restrict the exercise of one-sided power in a contract, in order to avoid unfair or unexpected results; restrict the range of possible responses to defective performance or to an unexpected event, in order …
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
West Virginia Law Review
No abstract provided.
Essay: Developments In Contract Law During The 1980'S: The Top Ten, E. Allan Farnsworth
Essay: Developments In Contract Law During The 1980'S: The Top Ten, E. Allan Farnsworth
Case Western Reserve Law Review
No abstract provided.
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Law Faculty Scholarship
No abstract provided.
Three Theories Of Substantive Fairness, F. H. Buckley
Three Theories Of Substantive Fairness, F. H. Buckley
Hofstra Law Review
No abstract provided.
Exemptions Of Contract Liability Under The 1980 United Nations Convention, Wanki Lee
Exemptions Of Contract Liability Under The 1980 United Nations Convention, Wanki Lee
Penn State International Law Review (1982 - 2011)
This article will primarily discuss the United Nations Sales Convention. In interpreting the Convention, the central problem is to what extent Article 79 of the Convention will apply to the various cases. Does it apply only to cases of "force majeure" or "impossibility," i.e., cases in which there is a barrier that prevents performance or makes it impracticable? Or does it apply to cases of "frustration" or "imprévision," i.e., cases in which there is no barrier but the circumstances are radically changed because of a contingency contrary to the basic assumption on which the contract was made? Even if Article …
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Scholarly Works
As the juxtaposition of these quotations suggests, judges have long held disparate views on the legitimacy and value of “public policy” considerations as a basis for legal decision making. The popular notion posits that Justice Holmes and legal realists carried the day, making public policy analysis an ordinary part of the adjudication process. The story, of course, is more complex than this legal version of Don Quixote. Many judges and lawyers, including Justice Holmes in other writings, continued to speak of adjudication in more formalist and positivist terms, with most laypersons in apparent agreement. Judge Burroughs' view of public policy …
The Contractual Reallocation Of Procreative Resources And Parental Rights: The Natural Endowment Critique, William Joseph Wagner
The Contractual Reallocation Of Procreative Resources And Parental Rights: The Natural Endowment Critique, William Joseph Wagner
Case Western Reserve Law Review
No abstract provided.
Deroche, Et Al. V. Blackfeet Indian Housing Authority, No. 89-Api (Blkft. Tr. Ct. App., Dec. 19, 1989) 17 Ilr 6036, Blackfeet Appellate Court
Deroche, Et Al. V. Blackfeet Indian Housing Authority, No. 89-Api (Blkft. Tr. Ct. App., Dec. 19, 1989) 17 Ilr 6036, Blackfeet Appellate Court
Court Decisions
The Blackfeet Tribal Court of Appeals affirms the trial court’s jury verdict in favor of plaintiffs in an action against the Blackfeet Indian Housing Authority.
Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson
Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson
Cardozo Law Review
No abstract provided.
Vices And Consent, Error, Fraud, Duress And An Epilogue On Lesion, Saul Litvinoff
Vices And Consent, Error, Fraud, Duress And An Epilogue On Lesion, Saul Litvinoff
Louisiana Law Review
No abstract provided.
Binding Contracts In Georgia Local Government Law: Configurations Of Codification, R. Perry Sentell Jr.
Binding Contracts In Georgia Local Government Law: Configurations Of Codification, R. Perry Sentell Jr.
Scholarly Works
The potential for creating uncertainty looms as a primary and ever-present problem in the codification process. A dominant concern is the fear the unintended statutory changes--or, worse still, the quandary of whether what appears to be such a change was truly intended--may result. The perplexing issues emanating from that quandary can considerably dissipate the benefits of progressive statutory codification. For purely illustrative purposes, attention might be called to the present plight of an historic precept in Georgia local government law. That precept unflinchingly condemns a local governing authority's efforts to commit its successors to a given course of governmental action. …
Flypaper Contracts And The Genesis Of Modern Tort, Peter Huber
Flypaper Contracts And The Genesis Of Modern Tort, Peter Huber
Cardozo Law Review
No abstract provided.
Risk Allocation Through Indemnity Obligations In Construction Contracts, Robert L. Myers Iii, Debra A. Perelman
Risk Allocation Through Indemnity Obligations In Construction Contracts, Robert L. Myers Iii, Debra A. Perelman
South Carolina Law Review
No abstract provided.
Standard Construction Contracts: Some Advice To Construction Lawyers, Justin Sweet
Standard Construction Contracts: Some Advice To Construction Lawyers, Justin Sweet
South Carolina Law Review
No abstract provided.
Offers Users Can't Refuse: Shrink-Wrap License Agreements As Enforceable Adhesion Contracts, Michael G. Ryan
Offers Users Can't Refuse: Shrink-Wrap License Agreements As Enforceable Adhesion Contracts, Michael G. Ryan
Cardozo Law Review
No abstract provided.
The Illinois Mortgage Foreclosure Act And Installment Contracts: Filling In The Gaps, Robert Kratovil
The Illinois Mortgage Foreclosure Act And Installment Contracts: Filling In The Gaps, Robert Kratovil
Northern Illinois University Law Review
This Commentary examines the new Illinois Mortgage Foreclosure Act as it relates to installment contracts. The Commentary is intended as a practical guide to complying with paragraph 15-1106 of the Act by filling in the gaps between current real estate contract forms and what is required by the statute.
Forum Selection Clauses Designating Foreign Courts: Does Federal Or State Law Govern Enforceability In Diversity Cases—A Question Left Open By Stewart Organization, Inc. V. Ricoh Corp., Matthew W. Lampe
Cornell International Law Journal
No abstract provided.
Dialogic Reciprocity And The Critique Of Employment At Will, Drucilla Cornell
Dialogic Reciprocity And The Critique Of Employment At Will, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Nexus Of Contracts Corporation: A Critical Appraisal , William W. Bratton Jr.
Nexus Of Contracts Corporation: A Critical Appraisal , William W. Bratton Jr.
Cornell Law Review
No abstract provided.
Take-Or-Pay Payments And Settlements - Does The Landowner Share?, Angela Jeanne Crowder
Take-Or-Pay Payments And Settlements - Does The Landowner Share?, Angela Jeanne Crowder
Louisiana Law Review
No abstract provided.
Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman
Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman
Cardozo Law Review
No abstract provided.
Abstract Right And The Possibility Of A Nondistributive Conception Of Contract: Hegel And Contemporary Contract Theory, Peter Benson
Abstract Right And The Possibility Of A Nondistributive Conception Of Contract: Hegel And Contemporary Contract Theory, Peter Benson
Cardozo Law Review
No abstract provided.
Right And Advantage In Private Law, Ernest J. Weinrib
Right And Advantage In Private Law, Ernest J. Weinrib
Cardozo Law Review
No abstract provided.
Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson
Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
Ucc Section 2-719: Limited Remedies And Consequential Damage Exclusions , Kathryn I. Murtagh
Ucc Section 2-719: Limited Remedies And Consequential Damage Exclusions , Kathryn I. Murtagh
Cornell Law Review
No abstract provided.
Written Agreements In The Lender-Borrower Context: The Illusion Of Certainty, Robert D. Rowe
Written Agreements In The Lender-Borrower Context: The Illusion Of Certainty, Robert D. Rowe
Vanderbilt Law Review
Recent legal battles in the lender-borrower arena have received widespread attention. The fact that these battles occur merits little surprise because borrowers often seek recourse against lenders when financial commitments go awry. Moreover, recent lender-borrower cases do not introduce any new legal theories. The outcome is the noteworthy feature of these cases. Borrowers increasingly are obtaining judgments against lenders. This Note examines recent lender-borrower cases from a contractual perspective, analyzing the application of traditional contract principles in the lender-borrower context. Part II of this Note contends that courts are trying to address three concerns in the lender-borrower context: maintenance of …
Diversifying Physician Risk Through Contract, Thomas Palay
Diversifying Physician Risk Through Contract, Thomas Palay
Law and Contemporary Problems
No abstract provided.
Contractual And Donative Capacity, Alexander M. Meiklejohn
Contractual And Donative Capacity, Alexander M. Meiklejohn
Case Western Reserve Law Review
No abstract provided.