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Articles 1291 - 1320 of 1779
Full-Text Articles in Law
Unfair And Deceptive Legislation: The Case For Finding North Carolina General Statutes Section 75-1.1 Unconstitutionally Vague As Applied To An Alleged Breach Of A Commercial Contract, Thomas A. Farr
Campbell Law Review
The North Carolina General Assembly enacted the Unfair and Deceptive Trade Practices Act in 1969. The original purpose of the act was to protect consumers from predatory business practices. Nonetheless, the North Carolina Supreme Court has sanctioned an expanded application of the act to cases involving sophisticated commercial parties. This article will attempt to demonstrate that it is poor public policy to apply section 75-1.1 to cases based upon an alleged breach of a commercial contract and that in at least those instances section 75-1.1 is unconstitutionally vague.
When Does The "Fat Lady" Sing? An Analysis Of "Agreements In Principle" In Corporate Acquisitions, Harvey L. Temkin
When Does The "Fat Lady" Sing? An Analysis Of "Agreements In Principle" In Corporate Acquisitions, Harvey L. Temkin
Fordham Law Review
No abstract provided.
Oklahoma's At-Will Rule: Heeding The Warnings Of America's Evolving Employment Law?, Harry F. Tepker
Oklahoma's At-Will Rule: Heeding The Warnings Of America's Evolving Employment Law?, Harry F. Tepker
Faculty Articles
No abstract provided.
Contract Principles As A Guide For Protecting Intellectual Property Rights In Computer Software: The Limits Of Copyright Protection, The Evolving Concept Of Derivative Work, And The Proper Limits Of Licensing Arrangements, Thomas Lee Hazen
Faculty Publications
No abstract provided.
Priorities And Statutory Construction: Mechanic's Liens In New York, Jonathan E. Stassberg
Priorities And Statutory Construction: Mechanic's Liens In New York, Jonathan E. Stassberg
Cardozo Law Review
No abstract provided.
Title 14 New York Choice Of Law Rule For Contractual Disputes: Avoiding The Unreasonable Results , Barry W. Rashkover
Title 14 New York Choice Of Law Rule For Contractual Disputes: Avoiding The Unreasonable Results , Barry W. Rashkover
Cornell Law Review
No abstract provided.
Diligentia Quam In Suis: A Standard Of Contractual Liability From Ancient Roman To Modern Soviet Law, Herbert Hausmaninger
Diligentia Quam In Suis: A Standard Of Contractual Liability From Ancient Roman To Modern Soviet Law, Herbert Hausmaninger
Cornell International Law Journal
No abstract provided.
Notes On The Reliance Interest, Robert Birmingham
Notes On The Reliance Interest, Robert Birmingham
Washington Law Review
The topic is Contract Damages. The interests are defined by how we protect them. Imagine a breaching promisor. We protect the reliance interest of the promisee by requiring the promisor to put her in a position as good as she would have been in had the parties not contracted. The other interests are the restitution interest, which we protect by requiring the promisor to give back what the promisee has given him; and the expectation interest, which we protect by requiring the promisor to put the promisee in a position as good as she would have been in had he …
Contract Compensation In Nonmarket Transactions, Joseph P. Tomain
Contract Compensation In Nonmarket Transactions, Joseph P. Tomain
Faculty Articles and Other Publications
Professor Tomain assails the myths holding that contract law is either complete and unitary or hopelessly indeterminate. He contends that a distinction must be made between market situations, which require a more formal analysis, and nonmarket transactions to which a more particularized analysis should be applied. Making the market/nonmarket distinction permits flexibility of methodology and considerations of economics, politics, and morals as appropriate, without forcing the conclusion that contracts analysis is totally without structure. Professor Tomain advocates application of reflective doctrinal analysis which tests the sufficiency of a rule of law and reforms the rule if it is not supported …
Offer And Acceptance, Michael W. Mengis
A Riddle Of Solidarity: The Release Of One Solidary Obligor, Mark C. Dodart
A Riddle Of Solidarity: The Release Of One Solidary Obligor, Mark C. Dodart
Louisiana Law Review
No abstract provided.
Third-Party Beneficiary Contracts, Frederick Mcgaha
Third-Party Beneficiary Contracts, Frederick Mcgaha
Louisiana Law Review
No abstract provided.
Assumption Of Obligations: Third Party No More, John Tsai
Assumption Of Obligations: Third Party No More, John Tsai
Louisiana Law Review
No abstract provided.
Introduction, Saul Litvinoff
Detrimental Reliance, Jon C. Adcock
Contract Dissolution, James J. Hautot
Foreseeability In Contract And Tort: The Problems Of Responsibility And Remoteness, Banks Mcdowell
Foreseeability In Contract And Tort: The Problems Of Responsibility And Remoteness, Banks Mcdowell
Case Western Reserve Law Review
No abstract provided.
The Parol Evidence Rule And Implied Terms: The Sound Of Silence, Helen Hadjiyannakis
The Parol Evidence Rule And Implied Terms: The Sound Of Silence, Helen Hadjiyannakis
Fordham Law Review
No abstract provided.
Personal Jurisdiction Over Nonresident Debtors: When May Creditors Sue At Home?, Gene R. Shreve
Personal Jurisdiction Over Nonresident Debtors: When May Creditors Sue At Home?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer
Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer
Cardozo Law Review
No abstract provided.
Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg
Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg
Law Faculty Scholarly Articles
This article focuses on two classes of commercial paper issues. Section I considers the Uniform Commercial Code rules relevant to determining whether a corporation or its agents are bound by contracts made upon a negotiable instrument. Application of these rules continues to be an important and recurrent source of legal disputes. Section II considers the rights of corporations or their agents to obtain holder status prerequisite to enforcing commercial paper contracts. Problems relating to the attainment of this status can result from corporate engagement in joint-enterprise with artificial or natural persons and from the linkage of corporations through common ownership …
Landreth Timber Co. V. Landreth, Lewis F. Powell Jr.
Landreth Timber Co. V. Landreth, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
A Critique Of The Promise Model Of Contract, Wallace K. Lightsey
A Critique Of The Promise Model Of Contract, Wallace K. Lightsey
William & Mary Law Review
No abstract provided.
Inflation As An Assessment Factor In Contract Damage Awards, Jeanne Frances Harvey
Inflation As An Assessment Factor In Contract Damage Awards, Jeanne Frances Harvey
Louisiana Law Review
No abstract provided.
Contract Mining Agreements--The Contract Miner's Perspective, Henry Mcc. Ingram, John H. Lawrence Jr.
Contract Mining Agreements--The Contract Miner's Perspective, Henry Mcc. Ingram, John H. Lawrence Jr.
West Virginia Law Review
No abstract provided.
Drafting A Contract Mining Agreement--The Owner's Perspective, Charles Q. Gage
Drafting A Contract Mining Agreement--The Owner's Perspective, Charles Q. Gage
West Virginia Law Review
No abstract provided.
The Evolution Of Law: The Roman System Of Contracts, Alan Watson
The Evolution Of Law: The Roman System Of Contracts, Alan Watson
Scholarly Works
I have two aims in producing this paper. First, I wish to contribute to the general understanding of how and why law develops and explain the evolution of some very familiar legal institutions. Second, I wish to add to our knowledge of the history of Roman law, by producing a radically different view of the development of contracts, that is, I believe, both consistent with surviving textual data and plausible with regard to human behavior.
Bleeding Hearts And Peeling Floors: Compensation For Economic Loss At The House Of Lords, David S. Cohen
Bleeding Hearts And Peeling Floors: Compensation For Economic Loss At The House Of Lords, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
The decision of the House of Lords in Junior Books Ltd. v. Veitchi Ltd. represents an unwarranted development in the law of tort and contract, unless its rationale and limitations are fully appreciated. This reform in such an important area is premature "in the absence of hard data on the probable impact of such an extension of liability.” Much of the published commentary on recovery of economic loss in tort, and on this decision in particular, has been written from the ex post perspective of accident compensation doctrine and theory. Most writers have been concerned with the development of positive …
Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick
Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick
Law Faculty Research Publications
During the Survey period, the Michigan Supreme Court decided cases involving mutual mistake, the enforceability of a contractual limitation period, and termination of a licensing agreement. The court of appeals considered implied in fact contract theories, interpretation, the parol evidence rule, and claims for exemplary and mental distress damages for breach of contract. In addition, the court of appeals revisited rejection and acceptance under the Uniform Commercial Code, and decided several cases involving medical malpractice arbitration agreements.