Open Access. Powered by Scholars. Published by Universities.®

Contracts Commons™

Open Access. Powered by Scholars. Published by Universities.®

Touro University Jacob D. Fuchsberg Law Center

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 61 - 82 of 82

Full-Text Articles in Contracts

Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves Jan 2009

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 …


"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 Jan 2008

"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.


Contracting Out Of Process, Contracting Out Of Corporate Accountability: An Argument Against Enforcement Of Pre-Dispute Limits On Process, Meredith R. Miller Jan 2008

Contracting Out Of Process, Contracting Out Of Corporate Accountability: An Argument Against Enforcement Of Pre-Dispute Limits On Process, Meredith R. Miller

Scholarly Works

There have been many well-articulated and convincing critiques aimed at mandatory arbitration. Indeed, presently before Congress is proposed legislation titled the Arbitration Fairness Act, that would ban pre-dispute arbitration in the consumer, franchise and employment contexts. However, maligned as the plaintiff bar's pro-lawsuit legislation, the Arbitration Fairness Act is predicted to have very little chance of enactment. Consequently, across varying industries, the pre-dispute arbitration regime endures unheedingly. Thus, this Article sets aside the arguments aimed generally at pre-dispute arbitration clauses and, instead, sets its sights on some of the terms that seem to arise in such clauses. The focus here …


Revisiting Austin V. Loral: A Study In Economic Duress, Contract Modification And Framing, Meredith R. Miller Jan 2006

Revisiting Austin V. Loral: A Study In Economic Duress, Contract Modification And Framing, Meredith R. Miller

Scholarly Works

Austin v. Loral, 29 N.Y.2d 124 (1971), is a favorite among Contracts casebooks because the New York Court of Appeals held that it was a "classic" example of economic duress. It involved Austin, a small gear part manufacturer, who had entered into a subcontract to provide gear parts to Loral, a publicly-traded defense industry supplier. Loral had a contract with the U.S. government to supply radar sets, to be used in the U.S. efforts in Vietnam. Midway through performance of the subcontract, Austin apparently refused to continue to deliver the gear parts unless Loral acceded to certain demands, which included …


Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves Jan 2005

Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves

Scholarly Works

No abstract provided.


Course Of Performance As Evidence Of Intent Or Waiver: A Meaningful Preference For The Latter And Implications For Newly Broadened Use Under Revised U.C.C. Section 1-303, Jack M. Graves Jan 2004

Course Of Performance As Evidence Of Intent Or Waiver: A Meaningful Preference For The Latter And Implications For Newly Broadened Use Under Revised U.C.C. Section 1-303, Jack M. Graves

Scholarly Works

No abstract provided.


Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron Jan 2002

Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron

Scholarly Works

No abstract provided.


Express Warranty As Contractual - The Need For A Clear Approach, Sidney Kwestel Jan 2002

Express Warranty As Contractual - The Need For A Clear Approach, Sidney Kwestel

Scholarly Works

No abstract provided.


Preface To The Gateway Thread, Deborah W. Post Jan 2000

Preface To The Gateway Thread, Deborah W. Post

Scholarly Works

No abstract provided.


Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah W. Post Jan 2000

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah W. Post

Scholarly Works

No abstract provided.


Contracts Clause, Supreme Court, Appellate Division Third Department: B.O.C.E.S. For Sole Supervisory District Of Rockland County V. State Of New York Jan 1998

Contracts Clause, Supreme Court, Appellate Division Third Department: B.O.C.E.S. For Sole Supervisory District Of Rockland County V. State Of New York

Touro Law Review

No abstract provided.


A Wayward Notion In New York’S Law: The Unique Employee Rationale For Enforcing Non-Competes, Steven M. Kayman, John Siegel Jan 1998

A Wayward Notion In New York’S Law: The Unique Employee Rationale For Enforcing Non-Competes, Steven M. Kayman, John Siegel

Touro Law Review

No abstract provided.


Court Of Appeals Ballentine V. Koch (Decided October 22, 1996) Jan 1997

Court Of Appeals Ballentine V. Koch (Decided October 22, 1996)

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Freedom From Reliance: A Contract Approach To Express Warranty, Sidney Kwestel Jan 1992

Freedom From Reliance: A Contract Approach To Express Warranty, Sidney Kwestel

Scholarly Works

No abstract provided.


Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio Jan 1988

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.


Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz Jan 1988

Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz

Scholarly Works

No abstract provided.


Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena C. Seplowitz Jan 1988

Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena C. Seplowitz

Scholarly Works

No abstract provided.


The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina Jan 1987

The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina

Touro Law Review

No abstract provided.


New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember Jan 1986

New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember

Touro Law Review

No abstract provided.


The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley Jan 1986

The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley

Touro Law Review

No abstract provided.


The Impact Of The Federal Eft Act On Customer Contracts In New York State, Harold I. Abramson, Jay Martin Jan 1978

The Impact Of The Federal Eft Act On Customer Contracts In New York State, Harold I. Abramson, Jay Martin

Scholarly Works

The purpose of this article is to analyze the impact of the Federal Electronic Fund Transfer Act (EFTA) on the unregulated use of electronic fund transfer (EFT) contracts in New York State. This article discusses a number of common problems facing users of checks, credit cards, and EFT and the treatment of the problems by the laws regulating these payment systems prior to the enactment of the EFTA. These laws are compared to the customer’s rights and liabilities in EFT contracts of New York State chartered banks. Also, the impact of the EFTA on these customer contracts is analyzed. Finally, …