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(الإشكاليات العملية للضمان العشري في عقود المقاولات (دراسة تحليلية, عبدالله سعيد محمد الحربي Apr 2018

(الإشكاليات العملية للضمان العشري في عقود المقاولات (دراسة تحليلية, عبدالله سعيد محمد الحربي

Private Law Theses

The United Arab Emirates massive infrastructure and real estate evolution over The past four decades placed a special importance on the Construction contracts Amongst other contracts. This importance will continue to exist especially as the Country continues to grow on all fronts to achieve its Centennial Plan 2071, which Aims to make the UAE best country in the world.

Due its importance, the Federal Law No. 5 of 1985 concerning the issuance of The civil transactions law of the United Arab Emirates dedicates articles 872 to 896 in The law to set special provisions regulating these type of contracts.

This …


Online And “As Is”, Colin P. Marks Jan 2018

Online And “As Is”, Colin P. Marks

Pepperdine Law Review

Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by attaching additional terms and conditions that one would not normally find in-store. Some of these conditions are logical limitations on the use of the retailers’ websites, but others go much further, limiting consumers’ rights in ways that would surprise many shoppers. In particular, many online retailers use these terms to limit implied …


The Macpherson-Henningsen Puzzle, Victor P. Goldberg Jan 2018

The Macpherson-Henningsen Puzzle, Victor P. Goldberg

Faculty Scholarship

In the landmark case of MacPherson v. Buick, an automobile company was held liable for negligence notwithstanding a lack of privity with the injured driver. Four decades later, in Henningsen v. Bloomfield Motors, the court held unconscionable the standard automobile company warranty which limited its responsibility to repair and replacement, even in a case involving physical injury. This suggests a puzzle: if it were so easy for firms to contract out of liability, did MacPherson accomplish anything?