Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Universitas Indonesia (457)
- Seattle University School of Law (207)
- University of Michigan Law School (140)
- BLR (34)
- Saint Joseph University of Beirut (32)
-
- Singapore Management University (30)
- Brooklyn Law School (29)
- DePaul University (29)
- Maurer School of Law: Indiana University (27)
- William & Mary Law School (24)
- Cornell University Law School (23)
- Villanova University Charles Widger School of Law (22)
- University of Georgia School of Law (20)
- Yeshiva University, Cardozo School of Law (20)
- Touro University Jacob D. Fuchsberg Law Center (17)
- UIC School of Law (15)
- Vanderbilt University Law School (14)
- University of Arkansas Little Rock (13)
- Pepperdine University (12)
- Texas A&M University School of Law (12)
- University of Richmond (12)
- University of Colorado Law School (11)
- Washington and Lee University School of Law (11)
- Penn State Dickinson Law (9)
- University of Missouri-Kansas City School of Law (9)
- University of Washington School of Law (9)
- Northwestern Pritzker School of Law (8)
- The University of Akron (8)
- University of Kentucky (8)
- West Virginia University (8)
- Keyword
-
- Contracts (142)
- Uniform Commercial Code (92)
- Commercial Law (74)
- Notaris (66)
- UCC (50)
-
- Contract (36)
- Corporations (36)
- Arbitration (32)
- Commercial law (30)
- Law and Economics (28)
- Sales (28)
- Economics (26)
- Law (25)
- Article 2 (23)
- Akta Jual Beli (20)
- Law and Society (20)
- Contract formation (18)
- Contract law (16)
- International Law (16)
- PPAT (16)
- CISG (15)
- Corporate Law (15)
- Liability (15)
- Buyers (14)
- Damages (14)
- Breach of contract (13)
- Courts (13)
- Jurisprudence (13)
- Sellers (13)
- U.C.C. (13)
- Publication Year
- Publication
-
- Indonesian Notary (453)
- Seattle University Law Review (207)
- Michigan Law Review (79)
- Faculty Scholarship (40)
- Articles (32)
-
- Proche-Orient, Études juridiques (32)
- ExpressO (30)
- DePaul Business & Commercial Law Journal (29)
- Research Collection Yong Pung How School Of Law (28)
- Cornell Law Faculty Publications (20)
- Brooklyn Journal of Corporate, Financial & Commercial Law (19)
- Indiana Law Journal (18)
- Villanova Law Review (1956 - ) (16)
- UIC Law Review (12)
- Scholarly Works (11)
- Vanderbilt Law Review (11)
- Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25) (10)
- William & Mary Law Review (10)
- Books (9)
- Faculty Works (9)
- Georgia Journal of International & Comparative Law (9)
- Touro Law Review (9)
- William & Mary Business Law Review (9)
- Other Publications (8)
- Washington and Lee Law Review (8)
- West Virginia Law Review (8)
- Catholic University Journal of Law and Technology (7)
- LLM Theses and Essays (7)
- Law Faculty Scholarship (7)
- Pepperdine Dispute Resolution Law Journal (7)
- Publication Type
- File Type
Articles 1021 - 1050 of 1417
Full-Text Articles in Contracts
Resolving The Dilemma Of Nonjusticiable Causation In Failure-To-Warn Litigation, Neil B. Cohen, Aaron Twerski
Resolving The Dilemma Of Nonjusticiable Causation In Failure-To-Warn Litigation, Neil B. Cohen, Aaron Twerski
Faculty Scholarship
No abstract provided.
Standardization Of Standard-Form Contracts: Competition And Contract Implications, Mark R. Patterson
Standardization Of Standard-Form Contracts: Competition And Contract Implications, Mark R. Patterson
William & Mary Law Review
Standard-form contracts are a common feature of commercial relationships because they offer the advantage of lower transaction costs. This advantage of standard contracts is increased when there is a second layer of standardization under which multiple firms agree on a standard contract. Trade associations and similar entities often effect standardization of this kind through collective agreement on a standard contract, sometimes under the aegis of state actors. Multifirm contract standardization can provide not only the usual transaction-cost advantages of standard-form contracts, but also increased competition among firms, because a standard contract makes comparison among firms’ offerings easier. But standardization among …
Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann
Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann
Cornell Law Faculty Publications
In addition to gerund-noun-noun titles and a concern with the misaligned incentives of businesses that handle consumers' financial data, Chris Hoofnagle's Internalizing Identity Theft and Juliet Moringiello's Warranting Data Security share something else: hidden themes. Hoofnagle's paper is officially about an empirical study of identity theft, but behind the scenes it's also an exploration of where we draw the line between public information shared freely and secret information used to authenticate individuals. Moringiello's paper is officially a proposal for a new warranty of secure handling of payment information, but under the surface, it invites us to think about the relationship …
Discharge Of A Contract Where Both Parties Are In Breach: Alliance Concrete Singapore Pte Ltd V Comfort Resources Pte Ltd, Chee Ho Tham
Discharge Of A Contract Where Both Parties Are In Breach: Alliance Concrete Singapore Pte Ltd V Comfort Resources Pte Ltd, Chee Ho Tham
Research Collection Yong Pung How School Of Law
This case note examines the most recent attempt by the Court of Appeal to provide further guidance on: (a) how the doctrine of discharge of contract by breach operates when both parties are in breach of their contract obligations; and (b) when a promisee is entitled to rely on an alternate basis to justify its election to discharge a contract for the promisor’s breach when the basis originally relied upon and communicated to the promisor is ultimately found to be legally insufficient.
They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield
They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield
Faculty Publications
No abstract provided.
Filling In The Blank: Defining Breaches Of Contract Excepted From Discharge As Willful And Malicious Injuries To Property Under 11i U.S.C. § 523(A)(6), Bryan Hoynak
Washington and Lee Law Review
No abstract provided.
Economic Value, Equal Dignity And The Future Of Sweepstakes, Anthony N. Cabot, Glenn J. Light, Karl F. Rutledge
Economic Value, Equal Dignity And The Future Of Sweepstakes, Anthony N. Cabot, Glenn J. Light, Karl F. Rutledge
UNLV Gaming Law Journal
The three basic forms of prize gaming are gambling, sweepstakes, and contests. Most states have a common approach to determining the legality of prize gaming. In general, states analyze if an activity includes three factors associated with gambling: (1) opportunity to win a prize, (2) winning based on chance, and (3) consideration paid to take that chance. If you take away any one of the three elements of gambling—consideration, prize, or chance—you have an activity that is lawful in most states. A contest, for example, differs from gambling because the winner is determined by skill. Determination of whether a (pay-for-play) …
Intent To Contract, Gregory Klass
Intent To Contract, Gregory Klass
Georgetown Law Faculty Publications and Other Works
There is a remarkable difference between black-letter contract laws of the United States and England. In England, the existence of a contract is supposedly conditioned on the parties' intent to be legally bound, while section 21 of the Second Restatement of Contracts states that "[n]either real nor apparent intention that a promise be legally binding is essential to the formation of a contract." There are also differences within U.S. law on the issue. While section 21 describes courts' approach to most contracts, the parties' intent to contact can be a condition of validity of preliminary agreements, domestic agreements and social …
Maybe Dick Speidel Was Right About Court Adjustment, Robert A. Hillman
Maybe Dick Speidel Was Right About Court Adjustment, Robert A. Hillman
Cornell Law Faculty Publications
In a symposium to honor Professor Richard Speidel, a giant in the field of contract and commercial law for over four decades, this contribution argues that Speidel may have been correct in asserting that, in limited circumstances, court adjustment of disrupted long-term contracts makes sense. I assert that nothing courts have decided or writers have analyzed since the ALCOA case proves that court adjustment is wrong-headed. But, as with so many policy issues, we may never identify the "best" judicial approach to disrupted long-term contracts because resolution depends on too many variables and unknowns.
Legal Analysis Of Off-Hire Clauses, Li Ma
Legal Analysis Of Off-Hire Clauses, Li Ma
World Maritime University Dissertations
No abstract provided.
Case Comment: Robertson Quay Investment Pte Ltd V Steen Consultants Pte Ltd, Yihan Goh
Case Comment: Robertson Quay Investment Pte Ltd V Steen Consultants Pte Ltd, Yihan Goh
Research Collection Yong Pung How School Of Law
In recent times, the venerable principles relating to remoteness of damage in contract have undergone a period of sustained re-evaluation. Key amongst this exercise is the House of Lords’ decision in Transfield Shipping Inc v Mercator Shipping Inc—referred to as ‘The Achilleas’, which represents a fundamental shift in the understanding of remoteness principles. Caught in the winds of The Achilleas is the considered judgment of the Singapore Court of Appeal in Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd.In direct contrast with some of the speeches in The Achilleas, the judgment delivered by Andrew Phang JA in Robertson …
The Economics Of Deal Risk: Allocating Risk Through Mac Clauses In Business Combination Agreements, Robert T. Miller
The Economics Of Deal Risk: Allocating Risk Through Mac Clauses In Business Combination Agreements, Robert T. Miller
Working Paper Series
In any large corporate acquisition, there is a delay between the time the parties enter into a merger agreement (the signing) and the time the merger is effected and the purchase price paid (the closing). During this period, the business of one of the parties may deteriorate. When this happens to a target company in a cash deal, or to either party in a stock-for-stock deal, the counterparty may no longer want to consummate the transaction. The primary contractual protection parties have in such situations is the merger agreement’s “material adverse change” (MAC) clause. Such clauses are heavily negotiated and …
Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne
Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne
Faculty Publications
No abstract provided.
Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen O'Rourke
Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen O'Rourke
Cornell Law Faculty Working Papers
Our fast-paced age of electronic agreements that ostensibly govern transactions as diverse as downloading software, ordering goods, and engaging in collaborative development projects raises questions regarding the suitability of contract law as the appropriate legal framework. While this question arises in many settings, we focus here on the free and open source software (FOSS) movement because of the maturity and success of its model and the ubiquity of its software. We explore in particular whether open source licenses are supported by consideration, and argue that they are, and that open source licenses are contracts. We further argue that a contractual …
Shrinkwrap, Clickwrap, And Other Software License Agreements: Litigating A Digital Pig In A Poke In West Virginia, David R. Collins
Shrinkwrap, Clickwrap, And Other Software License Agreements: Litigating A Digital Pig In A Poke In West Virginia, David R. Collins
West Virginia Law Review
No abstract provided.
Warranties In The Box, James J. White
Warranties In The Box, James J. White
Articles
Thousands of times each day, a buyer opens a box that contains a new computer or other electronic device. There he finds written material including an express "Limited Warranty." Sometimes the box has come by FedEx directly from the manufacturer; other times the buyer has carried it home from a retail merchant. Despite the fact that it is standard practice for the manufacturer to include a limited written express warranty on the sale of such products,' and despite the fact that both the manufacturer and the buyer believe that warranty to be legally enforceable, the law on its enforceability is …
Warranties And Disclaimers In The Electronic Age, Robert A. Hillman, Ibrahim Barakat
Warranties And Disclaimers In The Electronic Age, Robert A. Hillman, Ibrahim Barakat
Cornell Law Faculty Publications
This paper reports on software-licensor express warranty and disclaimer practices on the Internet. Our data show that virtually all of the websites and End User License Agreements (EULAs) we sampled include express warranties on the website and disclaimers of the warranties in the EULAs that may erase all or much of the quality protection. Next, the paper reviews the reasons why consumers generally do not read their e-standard forms despite the prevalence of disclaimers and other adverse terms. We then argue that e-commerce exacerbates the problem of warranties and disclaimers and that lawmakers should address this issue. We contend that …
It's Just Secured Credit: The Natural Law Case In Defense Of Some Forms Of Secured Credit, Brian Mccall
It's Just Secured Credit: The Natural Law Case In Defense Of Some Forms Of Secured Credit, Brian Mccall
Faculty Articles
For decades scholars have been debating whether of not the institution of security can be explained and justified. After much discussion from varying points of view and hermeneutics, although some insights have been gained, the answer to the original question remains unresolved. This article attempts to bring new life to this debate by building on Professors Mooney and Harris’ idea of security interest as property right while taking account of the valid concerns of scholars such as Elizabeth Warren and Lyn Lopucki that certain results produced by the current system seem unjust. This reconciliation of these two strands of secured …
The Beginning Of A New Age?: The Unconscionability Of The "360-Degree" Deal, Ian Brereton
The Beginning Of A New Age?: The Unconscionability Of The "360-Degree" Deal, Ian Brereton
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Learning From Our History: Evaluating The Modern Housing Finance Market In Light Of Ancient Principles Of Justice, Brian Mccall
Learning From Our History: Evaluating The Modern Housing Finance Market In Light Of Ancient Principles Of Justice, Brian Mccall
Faculty Articles
Since I first accepted an invitation to join this symposium, the subprime mortgage crisis has exploded into a systemic financial crisis. Analysis and pundits alike seem on a quest to outdo each other in using dramatic phrases to describe its historic proportions. The causes of a crisis so large must have a multiplicity of causes lying in the realms of bank regulation and supervision, the operation and regulation of the securitization market and the derivatives and insurance markets. Yet, the root and spark of the various financial reverberations initiated in the home mortgage finance market. My presentation will focus on …
Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves
Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves
Scholarly Works
Article 7 of the Model Law was revised in 2006 to liberalize any requirements of form, consistent with modern commercial practices and modern legal trends reflected in national laws. To the extent adopted by national legislatures, either of the two available options under this revision will effectively eliminate any requirement of a “record of consent,” thus making arbitration agreements more easily enforceable in the adopting jurisdiction. However, any such revision of national laws on arbitration based on the revisions of Article 7 of the Model Law will not necessarily have any effect on enforcement of awards in other jurisdictions under …
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
Faculty Publications
This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts have embraced arbitration so fervently, and therefore case law in this area is marked by tension and conflict. The thesis of this Article is that we can better …
State And Local Governments Address The Twin Challenges Of Climate Change And Energy Alternatives, Irma S. Russell, Jeffery S. Dennis
State And Local Governments Address The Twin Challenges Of Climate Change And Energy Alternatives, Irma S. Russell, Jeffery S. Dennis
Faculty Works
No abstract provided.
Anatomy Of An Experiment: Consolidation Of Eu Contract Law, Ljiljana Biuković
Anatomy Of An Experiment: Consolidation Of Eu Contract Law, Ljiljana Biuković
All Faculty Publications
This article analyzes the process of harmonization of Contract Law in the European Union (EU) in the context of the general debate on the need for international harmonization of commercial law on one hand, and, on the other hand, in the context of the integration of the European market and the omnipresent European discussions on the need for harmonization, appropriate methodologies for reform and on the institutional competence to pursue the harmonization process. Part II of the article establishes interrelationships between major international harmonization efforts in the area of contract law. Part III focuses on the current situation in the …
Good Faith And Fair Dealing In Commercial Leasing: The Right Doctrine In The Wrong Transaction, 41 J. Marshall L. Rev. 275 (2008), Daniel B. Bogart
Good Faith And Fair Dealing In Commercial Leasing: The Right Doctrine In The Wrong Transaction, 41 J. Marshall L. Rev. 275 (2008), Daniel B. Bogart
UIC Law Review
No abstract provided.
Selling The Payments: Predatory Lending Goes Primetime, 41 J. Marshall L. Rev. 587 (2008), Dustin Fisher
Selling The Payments: Predatory Lending Goes Primetime, 41 J. Marshall L. Rev. 587 (2008), Dustin Fisher
UIC Law Review
No abstract provided.
Can We Dicker Online Or Is Traditional Contract Formation Really Dying - Rethinking Traditional Contract Formation For The World Wide Web, Tatiana Melnik
Can We Dicker Online Or Is Traditional Contract Formation Really Dying - Rethinking Traditional Contract Formation For The World Wide Web, Tatiana Melnik
Michigan Telecommunications & Technology Law Review
When most people imagine the process of contract formation, they picture two people sitting down and negotiating, arguing about particular contract provisions and particular contract terminology, and maybe even involving attorneys to draft an "official" version of the contract. Regardless of the specific details people imagine, traditional contract formation generally involves some form of negotiation between two parties where they choose one set of terms over another. In modern society, however, such negotiation happens very rarely. People enter into many contracts on a daily basis, for example, when they purchase goods or services online. Online purchases are governed by computers, …
Are All Contracts Alike?, Margaret F. Brinig
Are All Contracts Alike?, Margaret F. Brinig
Journal Articles
This Article compares two sets of contracts that are structurally and contextually similar. They originate in two quite different fields, however: the commercial arena and the family. The contracts come from two separate empirical investigations. The first investigation studied 131 telecommunication interconnection agreements made between SBC Communications, Inc. ("SBC") and various local phone companies in Michigan beginning in 1998. The second investigation involved 141 divorce cases granted in 1998 in Johnson County, Iowa, all of which involved children, and 130 of which involved contracts, or "stipulations" as they are called locally. Though each empirical project has been described separately elsewhere, …
"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey
"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey
Scholarly Works
No abstract provided.
Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda
Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda
Working Paper Series
The United Nations Convention on the International Sale of Goods (CISG) sets forth only a basic framework for the recovery of damages, thereby giving a court of tribunal broad authority to determine an aggrieved party’s loss based on circumstances of the particular case. Unfortunately, the lack of specificity has resulted in much litigation, and seemingly conflicting results. To remedy this problem, some have argued that the gaps in the CISG damages provisions should be filled with the UNIDROIT Principles of International Commercial Contracts. In this paper, I argue that the gap-filling rules of CISG preclude the UNIDROIT Principles from being …