Law Commons^™

Distributive And Paternalist Motives In Contract And Tort Law, With Special Reference To Compulsory Terms And Unequal Bargaining Power, Duncan Kennedy

Maryland Law Review

No abstract provided.

The Loan-Out Corporation Tax Planning For Entertainers, George G. Short

Law and Contemporary Problems

No abstract provided.

Contracts, Jeffrey C. Howland

South Carolina Law Review

No abstract provided.

The Law Of Real Estate Brokerage Contracts: The Broker's Commission, Lora C. Sykora

Louisiana Law Review

No abstract provided.

Contract's "Many Futures" After Death; Unanswered Questions Of Scope And Purpose, Kurt A. Strasser

South Carolina Law Review

No abstract provided.

The "Surety" And Article 3: A New Identity For An Old Friend, Raymond A. Noble

Duquesne Law Review

The focus of this article is on the sections of Article 3 of the Uniform Commercial Code that purportedly pertain to sureties. The author examines these sections, and the comments thereto, to determine if they can be reconciled with common-law surety concepts. The operative consideration, he contends, is the existence of a party's "right of recourse," a consideration which most courts, unfortunately, have neglected in their analyses.

Characteristic Performance -- A New Concept In The Conflict Of Laws In Matters Of Contract For The Eec, Kurt Lipstein

Northwestern Journal of International Law & Business

The concept of "characteristic performance, " used in conflicts law to determine which country's law applies in the absence of an express or implied choice of law, has been incorporated into Article 4 of the Draft Convention on the Law Applicable to Contractual and Non-Contractual Obligations. In this article, Professor Lipstein examines the purpose, history, and criticisms of the concept of "characteristic performance" and concludes by supporting the use by the Member States of characteristic performance as a means of determining the legal system governing the contract as a whole.

The Art Investment Contract: Application Of Securities Law To Art Purchases, Maureen Holm

Fordham Urban Law Journal

This article examines art transactions as investment contracts. It posits that the art investor could benefit from the same preventive and remedial regulations imposed upon conventional investment transactions, describing and analyzing the five principal types of art transactions. It then explores the substantive concerns facing the art investor and existing protections, in comparison to the protections available to the investor in conventional securities investments. The article then analyzes the proposition that art transactions typically constitute investment contracts in light of Supreme Court decisions on the topic. Finally, the article discusses the current position of the Securities and Exchange Commission ("SEC") …

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

Fordham Law Review

No abstract provided.

Good Faith And The Enforceability Of Standardized Terms, Robert Dugan

William & Mary Law Review

No abstract provided.

Indiana's Allowance Of Punitive Damages In Contract Actions Against Insurance Companies: How New Is It?, Susan Marguet

Indiana Law Journal

No abstract provided.

Is There Life After Gilmore’S Death Of Contract-Inductions From A Study Of Commercial Good Faith In First-Party Insurance Contracts, Eric M. Holmes

Cornell Law Review

No abstract provided.

Plan And Contract In The Domestic And Foreign Trade Of The U.S.S.R., Isaak I. Dore

Syracuse Journal of International Law and Commerce

The purpose of this article is to inquire into the nature and function of contract law in a centrally planned economy. The economy chosen here is that of the Soviet Union. This study has been divided into two parts; the first part deals with the role of plan and contract in domestic trade, the second part deals with the place of contract and plan in the foreign trade of the Soviet Union.

Contract Law - Implied Agreements - Unmarried Cohabitants, William D. Clifford

Duquesne Law Review

The New Jersey Supreme Court has held that unmarried cohabitation will not bar an otherwise valid agreement between parties.

Kozlowski v. Kozlowski, 80 N.J. 378, 403 A.2d 902 (1979).

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

Fordham Law Review

No abstract provided.

Insurance - Suit Limitation Clause - An Insurer's Bad Faith Accusation Of Criminal Conduct By The Insured, Or An Accusation Which Is The Result Of A Negligent Investigation, Can Toll The Suit Limitation Clause, Kathleen Seybold Turezyn

Villanova Law Review (1956 - )

No abstract provided.

Consumer Product Warranty Litigation In South Carolina, Nathan M. Crystal

South Carolina Law Review

No abstract provided.

Contracts, G. M. Knight

South Carolina Law Review

No abstract provided.

The Uniform Commerical Code As Federal Law: United States V. Kimbell Foods, Inc., Louis S. Robin

Fordham Urban Law Journal

This Note examines the origins, history, and current standing of federal common law in light of the U.S. Supreme Court's decision Eerie Railroad v. Tompkins. Furthermore, the Note will look to see the impact of state law and the Uniform Commercial Code in the creation of federal common law. Finally, the Note will analyze how the U.S. Supreme Court's decision, U.S. v. Kimbell Foods, Inc., impacts the use of the U.C.C. as federal law.

Commercial Hardship And The Discharge Of Contractual Obligations Under American And British Law, John J. Gorman

Vanderbilt Journal of Transnational Law

There are several doctrines under which contractual obligations have been judicially discharged. This Note will examine the United States doctrine of commercial impracticability or commercial impossibility and the English doctrine of frustration of contract or frustration of the commercial objective. The focus of this Note therefore is on those situations in which discharge from contractual obligations is sought because of supervening economic hardship. Part II provides a brief historical account of the development of the English common law doctrine of impossibility. Part III traces the development of the United States concept of commercial impossibility and commercial impracticability from the early …

Deterring "Surface Bargaining": Employer Uncertainty And The Duty To Bargain In Good Faith, Irv Hepner

Cardozo Law Review

No abstract provided.

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

Fordham Law Review

No abstract provided.

The Effects Of Inflation On The Law Of Obligations In Argentina, Brazil, Chile And Uruguay, Keith S. Rosenn

Articles

No abstract provided.

Constitutional Law - Contract Clause - Minnesota's Pension Plan Act Violates Contract Clause, Craig R. Shagin

Villanova Law Review (1956 - )

No abstract provided.

Contract Law - Life Insurance Contracts - Temporary Insurance - Binding Receipts Imposing Conditions Precedent Upon Temporary Insurance Coverage Held Ineffective In Pennsylvania, William Jackson

Villanova Law Review (1956 - )

No abstract provided.

The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams

Villanova Law Review (1956 - )

No abstract provided.

Federal Courts - Use Of Mandamus To Compel Adjudication Of A Claim Within Exclusive Federal Jurisdiction, Glenn S. Goldstein

Villanova Law Review (1956 - )

No abstract provided.

Contracts, Dorothy M. Helms

South Carolina Law Review

No abstract provided.

Contracts, Walter W. Theus Jr.

South Carolina Law Review

No abstract provided.

Contract And Uncertainty: The Reformation Of An International Business Agreement, Joan A. Lipton

Cardozo Law Review

No abstract provided.