Law Commons^™

Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena C. Seplowitz

Scholarly Works

No abstract provided.

A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thurmann

Scholarly Works

The purpose of this article is rather simple, extracting a new theory of standard form contracts from the good bits of the spectrum of "old" ideas and combining them with some fresh rethinking. For something fresh, the authors choose to examine the German law on standard form contracts. The authors have tried to remain neutral observers but in extracting the best from the spectrum of ideas one necessarily states--in this instance, one of pragmatic compromise. Thus, this article will cull and identify elements from the spectrum specifically concerning standard form contracts and compare them with the German approach. This process …

When Owners Should Pay For Construction Delay: Corinno Civetta Construction Corp. And The No-Damage-For-Delay Clause, Marc Handelman

Cardozo Law Review

No abstract provided.

The Right Of Abortion In Surrogate Motherhood Arrangements, Carmina Y. D'Aversa

Northern Illinois University Law Review

This article examines whether the right of abortion in the surrogate motherhood context is subject to veto or waiver by contract. After reviewing legislative alternatives to vetoing the surrogate's right to abort, the article concludes that artificial womb technology is the ultimate solution to the couple's dilemma in securing a healthy baby.

Property Law, Janet C. Brooks

South Carolina Law Review

No abstract provided.

Nonconsensual Repeal Of Third-Party Beneficiary Contract Rights: Senior Creditors Under Subordination Agreements, Jessica A. Hauser

Cardozo Law Review

No abstract provided.

Prudence Of Electric Utilities' Coal Contracts And Fuel Procurement Practices: The Impact On Coal Contract Negotiations, Amy R. Templeton

West Virginia Law Review

No abstract provided.

Clarifying The Nature Of Louisiana's Right Of First Refusal In The Transfer Of Immovables, R. David Wheat

Louisiana Law Review

No abstract provided.

Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman

Duke Law Journal

No abstract provided.

A Student's Guide To Sales Of Goods, Letters Of Credit And Documents Of Title, Frederick M. Hart, Robert Laurence

Faculty Book Display Case

Copyright page, Preface, and Table of Contents only.

Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie

LLM Theses and Essays

Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …

No Risk Allocation Need Apply: The Twisted Minnesota Law Of Indemnification, Daniel S. Kleinberger

Faculty Scholarship

Minnesota's law on indemnification agreements is the most restrictive in the country. To provide a basis for understanding the law's restrictions, this Article begins with an analysis of the rationale and functions of indemnification agreements. The Article then reviews the hostility of both the common and statutory law to indemnification agreements and argues that opponents of indemnification have acted without convincing reasons or supporting evidence in substituting government rules for private decision-making.

Public Contracts, Private Contracts, And The Transformation Of The Constitutional Order, Thomas W. Merrill

Case Western Reserve Law Review

No abstract provided.

A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts

St. Mary's Law Journal

The concept of good faith and fair dealing as a general derivative contractual obligation remains unrecognized in Texas. However, in English v. Fischer the Texas Supreme Court recognized a duty of good faith and fair dealing exists in some contracts. Subsequent courts, including the Texas Supreme Court, have refused to apply a purely contractual obligation of good faith and fair dealing in every case. Instead, courts have recognized a good faith duty as arising out of “special” relationships of the contracting parties rather than being inherent in the contract itself. The courts focus on “special relationships” as a determinative of …

Using The Uniform Commercial Code To Protect The Ideas That Make The Movies, Kerry Ryan

Santa Clara Law Review

No abstract provided.

Obligations Of Contracts: Intent And Distortion, Robert C. Palmer

Case Western Reserve Law Review

No abstract provided.

Insurance In The People's Republic Of China: Laws And Practice, Henry R. Zheng

Vanderbilt Journal of Transnational Law

The insurance industry in the People's Republic of China (PRC) has expanded rapidly during the past several years. Since the end of 1979 when domestic insurance was reestablished, the income generated from insurance business has been increasing at a rate of over forty-four percent annually.' By early 1987, over 500,000 enterprises and business entities utilized property insurance and about 34 million people purchased personal insurance; during the first half of 1986 the total insurance earnings from the People's Insurance Company of China alone reached a record high of over 2.33 billion yuan. In the meantime, the insurance business has become …

Validity Of Contracts Under The United Nations Convention On Contracts For The International Sale Of Goods, Christoph R. Heiz

Vanderbilt Journal of Transnational Law

Under article 4(a) of the CISG, domestic law governs if a sales contract's validity is at issue.' One must consult the conflict of laws provisions of private international law to determine which domestic law is applicable.

In contrast to the Convention, the Swiss Code of Obligations as well as relevant Swiss literature and jurisprudence clearly address the issue of contractual validity. Swiss contract law's error provisions are characterized as contract validity rules. If, for instance, a buyer claims that he erred on a certain fact that was a necessary basis for him to enter into an international sales contract under …

Uniform Commercial Code: Disclaiming The Express Warranty In Computer Contracts--Taking The Byte Out Of The Ucc, Barbara Chretien-Dar

Oklahoma Law Review

No abstract provided.

Towering Above Charities: Real Estate Development By Nonprofit Organizations, Zoning Variances, And The Reasonable Return Finding, Eric J. Gruber

Cardozo Law Review

No abstract provided.

Contract Law, Peter R. Roest, Henry J. White, J. L. Rogers Jr.

South Carolina Law Review

No abstract provided.

Warehousemen—Storers Of Grain—Arkansas Stands Alone In Protecting The Rights Of Depositors Of Grain In Public Warehouses, Price C. Gardner

University of Arkansas at Little Rock Law Review

No abstract provided.

The Chaos Of The "Battle Of The Forms": Solutions, John E. Murray, Jr.

Vanderbilt Law Review

Whatever may be said of the lack of certainty, stability, and predictability in many areas of the law, chaos rarely is discovered. Unfortunately, we have now reached that point in matters involving attempts by innumerable buyers and sellers to make contracts through an exchange of printed forms. Because printed forms will continue to be the written evidence of the overwhelming majority of attempted contracts in America,' this chaos threatens the institution of contract in our society. There should be no doubt that"chaos" is an accurate characterization of the state of the law in the "battle of the forms" arena. Courts …

Determining The Obligation To Defend Under Indemnity Contracts Governed By Louisiana Law, Mary Brandt Jensen

Louisiana Law Review

No abstract provided.

Tax Consequences Of Equitable Adjustments, F. Ladson Boyle

South Carolina Law Review

No abstract provided.

Property, W. Wade Berryhill

Law Faculty Publications

The 1986 General Assembly may be remembered as much for what it did not do as for what it did. Carried over into the next session was House Bill 810, which would have abolished dower and curtesy in favor of a statutory share for the surviving spouse in the deceased spouse's estate. Of course, passage of this bill would have ushered in significant change in the practice of decedents' estates. Significantly, passage of the bill also would have legislatively overruled recent judicial and legislative activity which has created the sole and separate estate, for both female and male, allowing circumvention …

Medical Malpractice And The Contract/Tort Boundary, P. S. Atiyah

Law and Contemporary Problems

No abstract provided.

Religion, Story And The Law Of Contracts: Reply To Professor Berman, Andrew W. Mcthenia Jr.

Scholarly Articles

No abstract provided.

A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha

Seattle University Law Review

This Article develops how Washington courts historically have interpreted construction industry indemnification clauses. The Article first addresses the substantive and the primary issue of liability, vel non, under construction industry indemnification provisions. After offering a historical analysis of Washington case law on the subject, the Article analyzes the recent statutory amendments to section 4.24.115 of the Washington Revised Code, which substantially impact the current state of the law and which should resolve many unsettled or ambiguous issues in the case law. This Article then discusses some unique issues that have arisen in the context of attempts to judicially enforce these …

Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland

St. Mary's Law Journal

A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …