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Articles 1 - 30 of 159
Full-Text Articles in Contracts
Covid, Contracts, And Colleges, John K. Setear
Covid, Contracts, And Colleges, John K. Setear
West Virginia Law Review
No abstract provided.
Alex Lyon & Son, Sales Managers & Auctioneers V. Leach: Auction Contracts, Bidder Qualifications, Offer And Acceptance, Waiver, And The Fallacy Of Treating All Bidders The Same, George A. Michak
West Virginia Law Review Online
In Alex Lyon & Son, Sales Managers & Auctioneers v. Leach, 844 S.E.2d 120 (W. Va. 2020), the Supreme Court of Appeals of West Virginia grappled with the contractual relationships among participants in an auction transaction and rendered an opinion that (i) misstates and misaligns the rights and obligations among auctioneers, sellers, bidders, and buyers, (ii) impedes the ability of an auctioneer to reasonably control the conduct of an auction, and (iii) threatens to artificially circumscribe the prerogative of sellers and auctioneers to assume greater risks relative to certain bidders in an effort to expand the bidder pool in …
Smart Contracts And Consumers, Tatiana Cutts
Smart Contracts And Consumers, Tatiana Cutts
West Virginia Law Review
“Smart contracts” are a way of using computers to make contracts unbreakable. Contracting parties do not need to trust one another to perform or rely upon intermediaries to enforce performance. Performance is guaranteed. This is supposed to be a victory for the ordinary person—a clever socio-economic application of cryptography that strips power from companies and governments and gives it to consumers. But it turns out that less trust does not mean more freedom, or better bargains. The law of contract supports valuable relationships both by enforcing duties and by allowing parties to escape the consequences of ill-formed contracts and oppressive …
Contract Remedies In Action: Specific Performance, Yonathan A. Arbel
Contract Remedies In Action: Specific Performance, Yonathan A. Arbel
West Virginia Law Review
No abstract provided.
Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law, Bryan Druzin
Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law, Bryan Druzin
West Virginia Law Review
No abstract provided.
Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis
Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis
West Virginia Law Review
No abstract provided.
Hypothetical Efficiency Is Not Grounds For Breach, Daniel M. Isaacs
Hypothetical Efficiency Is Not Grounds For Breach, Daniel M. Isaacs
West Virginia Law Review
The law does not approve of the efficient breach of contract; it merely provides or fails to provide remedies. Although there are situations where the law implies contract terms, there is no basis for an implied covenant of efficiency. Hypothetical contracts, purporting to incorporate a release where the cost of performance to the promisor exceeds its value to the promisee, cannot be used to bind people to results, even efficient ones, to which they did not agree. Where it is inefficient to demand performance, flexibility should come from the promisee who, having received in trust the power to limit the …
Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis
Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis
West Virginia Law Review
No abstract provided.
The Impact Of Technology On Pre-Digital Recording Agreements: An Examination Of F.B. T. Productions, Llc V. Aftermath Records, Lauren K. Turner
The Impact Of Technology On Pre-Digital Recording Agreements: An Examination Of F.B. T. Productions, Llc V. Aftermath Records, Lauren K. Turner
West Virginia Law Review
No abstract provided.
Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson
Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson
West Virginia Law Review
No abstract provided.
Cause Breaking Up Is Hard To Do: The Need For Uniform Enforcement Of Cohabitation Agreements In West Virginia, Emily E. Diederich
Cause Breaking Up Is Hard To Do: The Need For Uniform Enforcement Of Cohabitation Agreements In West Virginia, Emily E. Diederich
West Virginia Law Review
No abstract provided.
Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes
Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes
West Virginia Law Review
No abstract provided.
From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young
From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young
West Virginia Law Review
No abstract provided.
Fighting For Respect: Mma's Struggle For Acceptance And How The Muhammad Ali Act Would Give It A Sporting Chance, Geoff Varney
Fighting For Respect: Mma's Struggle For Acceptance And How The Muhammad Ali Act Would Give It A Sporting Chance, Geoff Varney
West Virginia Law Review
No abstract provided.
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.
Arbitration Of Employer Violations Of The West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching And Continue Its Pursuit Of Bliss, Nicholas S. Johnson
Arbitration Of Employer Violations Of The West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching And Continue Its Pursuit Of Bliss, Nicholas S. Johnson
West Virginia Law Review
No abstract provided.
A Realistic Proposal For The Contract Duress Doctrine, Grace M. Giesel
A Realistic Proposal For The Contract Duress Doctrine, Grace M. Giesel
West Virginia Law Review
No abstract provided.
Making A Statement Without Saying A Word: What Implied Covenants Say When The Lease Is Silent On Post-Production Costs, R. Cordell Pierce
Making A Statement Without Saying A Word: What Implied Covenants Say When The Lease Is Silent On Post-Production Costs, R. Cordell Pierce
West Virginia Law Review
No abstract provided.
The Arbitrability Of Side And Settlement Agreements In The Collective Bargaining Context, Richard A. Bales
The Arbitrability Of Side And Settlement Agreements In The Collective Bargaining Context, Richard A. Bales
West Virginia Law Review
No abstract provided.
Contract Law, Robin Jean Davis, Louis J. Palmer Jr.
Contract Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Wired, Wonderful West Virginia - Electronic Signatures In The Mountain State, Robin C. Capehart, Mark A. Starcher
Wired, Wonderful West Virginia - Electronic Signatures In The Mountain State, Robin C. Capehart, Mark A. Starcher
West Virginia Law Review
No abstract provided.
Post Claim Underwriting, Thomas C. Cady, Georgia Lee Gates
Post Claim Underwriting, Thomas C. Cady, Georgia Lee Gates
West Virginia Law Review
No abstract provided.
Contract Law, Robin Jean Davis, Louis J. Palmer Jr.
Contract Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Nelson V. Logan Motor Sales, Inc.: Providing Damages For Breach Of The Implied Warranty Of Merchantability, Chad A. Cicconi
Nelson V. Logan Motor Sales, Inc.: Providing Damages For Breach Of The Implied Warranty Of Merchantability, Chad A. Cicconi
West Virginia Law Review
No abstract provided.
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
West Virginia Law Review
No abstract provided.
Prudence Of Electric Utilities' Coal Contracts And Fuel Procurement Practices: The Impact On Coal Contract Negotiations, Amy R. Templeton
Prudence Of Electric Utilities' Coal Contracts And Fuel Procurement Practices: The Impact On Coal Contract Negotiations, Amy R. Templeton
West Virginia Law Review
No abstract provided.
Relief From Long-Term Coal Sales Contracts Through Commercial Impracticability, M. Rosalee Juba
Relief From Long-Term Coal Sales Contracts Through Commercial Impracticability, M. Rosalee Juba
West Virginia 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.
Survey Of Developments In West Virginia Law: 1980
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.