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- Restitution (4)
- Damages (3)
- Equity (3)
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- Common law (1)
- Conditional sales (1)
- Construction contracts (1)
- Contempt of court (1)
- Contract performance (1)
- Crops (1)
- Disgorgement (1)
- Harm (1)
- Injunction (1)
- Legal education (1)
- Legal realism (1)
- Litigation (1)
- Negative externalities (1)
- Performance (1)
- Practice of law (1)
- Property (1)
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- Reasonableness (1)
- Rescission (1)
- Restatement (Third) of the Law of Restitution and Unjust Enrichment (Proposed) (1)
- Risk (1)
- Specific performance (1)
- Tort reform (1)
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Articles 1 - 10 of 10
Full-Text Articles in Contracts
Protecting Third Parties In Contracts, Kishanthi Parella
Protecting Third Parties In Contracts, Kishanthi Parella
Scholarly Articles
Corporations routinely impose externalities on a broad range of non-shareholders, as illustrated by several unsuccessful lawsuits against corporations involving forced labor, human trafficking, child labor, and environmental harms in global supply chains. Lack of legal accountability subsequently translates into low legal risk for corporate misconduct, which reduces the likelihood of prevention. Corporate misconduct toward non-shareholders arises from a fundamental inconsistency within contract law regarding the status of third parties: On the one hand, we know that it takes a community to contract. Contracting parties often rely on multiple third parties—not signatories to the contract—to play important roles in facilitating exchange, …
Remedies: A Guide For The Perplexed, Doug Rendleman
Remedies: A Guide For The Perplexed, Doug Rendleman
Scholarly Articles
Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …
Beyond Ex Post Expediency—An Ex Ante View Of Rescission And Restitution, Richard R.W. Brooks, Alexander Stremitzer
Beyond Ex Post Expediency—An Ex Ante View Of Rescission And Restitution, Richard R.W. Brooks, Alexander Stremitzer
Washington and Lee Law Review
It is commonly held that if getting a contractual remedy was costless and fully compensatory, rescission followed by restitution would not exist as a remedy for breach of contract. This claim, we will demonstrate, is not correct. Rescission and restitution offer more than remedial convenience. Rational parties, we argue, would often desire a right of rescission followed by restitution even if damages were fully compensatory and costless to enforce. The mere presence of a threat to rescind, even if not carried out, exerts an effect on the behavior of parties. Parties can enlist this effect to increase the value of …
Restitution In A Contractual Context And The Restatement (Third) Of Restitution & Unjust Enrichment, Joseph M. C. Perillo
Restitution In A Contractual Context And The Restatement (Third) Of Restitution & Unjust Enrichment, Joseph M. C. Perillo
Washington and Lee Law Review
No abstract provided.
Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman
Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman
Scholarly Articles
No abstract provided.
Retail Instalment Sales: Virginia Remedies On Default, Harry L. Snead, Jr.
Retail Instalment Sales: Virginia Remedies On Default, Harry L. Snead, Jr.
Washington and Lee Law Review
No abstract provided.
Equity-Availability Of Specific Performance Remedy To Enforce Contract To Sell New Automobile
Equity-Availability Of Specific Performance Remedy To Enforce Contract To Sell New Automobile
Washington and Lee Law Review
No abstract provided.
Damages-Measure Of Damages In Contract And Tort Actions For Destruction Of Growing Crops
Damages-Measure Of Damages In Contract And Tort Actions For Destruction Of Growing Crops
Washington and Lee Law Review
No abstract provided.
Damages-Extent To Which Earnings Of Employee After Wrongful Discharge Apply In Mitigation Of Damages For Breach Of Contract
Washington and Lee Law Review
No abstract provided.
Equity-Certainty And Completeness Of Terms As Prerequisites To Specific Enforcement Of A Contract To Sell Land
Washington and Lee Law Review
No abstract provided.