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Full-Text Articles in Contracts

The Bitter Ironies Of Williams V. Walker-Thomas Furniture Co. In The First Year Law School Curriculum, Duncan Kennedy Apr 2023

The Bitter Ironies Of Williams V. Walker-Thomas Furniture Co. In The First Year Law School Curriculum, Duncan Kennedy

Buffalo Law Review

No abstract provided.


The Scope Of Generic Choice Of Law Clauses, Tanya J. Monestier Feb 2023

The Scope Of Generic Choice Of Law Clauses, Tanya J. Monestier

Journal Articles

Non-proceduralists have the perception that questions of jurisdiction or choice of law are just preliminary issues that need to be dealt with before getting to the real dispute, the things that matter. What they do not realize is that these preliminary issues are often, themselves, the real dispute. They are the lever which permits litigation to proceed or which stops a claim dead in its tracks. Thus, these procedural matters — often dismissed as technicalities — have the potential to shape the dispute in significant ways.

Take for instance, a staple of commercial and consumer contracting: the ubiquitous choice of …


Rules Vs. Standards In Private Ordering, Tomer S. Stein Dec 2022

Rules Vs. Standards In Private Ordering, Tomer S. Stein

Buffalo Law Review

The tradeoff between bright-line rules and general standards is one of the bedrocks of law design. This tradeoff determines how legal norms are composed. The tradeoff between rules and standards pervasively affects private ordering as well: it determines how contractual norms are composed. Yet, scholars exploring the rule vs. standard dichotomy have either entirely overlooked the tradeoff taking place in private orderings or equated it with the public tradeoff that dominates lawmaking.

This Article is the first to systematically examine the rule vs. standard tradeoff in private orderings. The Article carries out this task by identifying and analyzing the fundamental …


Employee Mobility And The Low Wage Worker: The Illegitimate Use Of Non-Compete Agreements, Jacqueline A. Carosa Dec 2019

Employee Mobility And The Low Wage Worker: The Illegitimate Use Of Non-Compete Agreements, Jacqueline A. Carosa

The Docket

No abstract provided.


Not From Guile But From Entitlement: Lawful Opportunism Capitalizes On The Cracks In Contracts, Gastón De Los Reyes Jr., Kirsten Martin Jan 2019

Not From Guile But From Entitlement: Lawful Opportunism Capitalizes On The Cracks In Contracts, Gastón De Los Reyes Jr., Kirsten Martin

Buffalo Law Review

Few concepts have been more pivotal to contract law scholarship over the last forty years than the opportunism attributed ex ante and ex post to contracting parties, yet the lawful form of opportunism identified by Nobel Laureate Oliver Williamson in 1991 remains surprisingly overlooked in favor of the blatant forms of opportunism that result from “self-interest seeking with guile.” This Article extends Williamson’s inchoate account of lawful opportunism and reports the first empirical study of the phenomenon.

The conceptual analysis of lawful opportunism is developed with reference to the bargaining underlying the classic impossibility decision, Taylor v. Caldwell. Three component …


When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya J. Monestier Jan 2019

When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya J. Monestier

Journal Articles

Many contracts that contain a forum selection clause also contain a choice of law clause. This raises the issue of whether to apply the parties’ chosen law to questions of forum selection clause interpretation, such as whether the clause is mandatory or permissive and how far the scope of the clause extends. The recent trend has been for courts to apply the law selected by the parties in their choice of law clause to govern these interpretation issues. This Article argues that the law has gone in the wrong direction and that courts should apply forum law to questions of …


Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgments, Tanya J. Monestier Oct 2016

Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgments, Tanya J. Monestier

Journal Articles

It is black-letter law that in order to recognize and enforce a foreign judgment, the rendering court must have had personal jurisdiction over the defendant. While the principle is clear, it is an open question as to whose law governs the question of personal jurisdiction: that of the rendering court or that of the recognizing court. In other words, is the foreign court’s jurisdiction over the defendant governed by foreign law (the law of F1), domestic law (the law of F2), or some combination thereof? While courts have taken a number of different approaches, it seems that many courts regard …


The Validity Of Restraints On Alienation In An Oil And Gas Lease, Luke Meier, Rory Ryan Apr 2016

The Validity Of Restraints On Alienation In An Oil And Gas Lease, Luke Meier, Rory Ryan

Buffalo Law Review

No abstract provided.


Pluralism In Contract Law, Leon Trakman Dec 2010

Pluralism In Contract Law, Leon Trakman

Buffalo Law Review

No abstract provided.


Limitation Of Liability Clauses In Public Utility Tariffs: Is The Rationale For State-Sponsored Indemnity Still Valid?, John L. Rudy Sep 2004

Limitation Of Liability Clauses In Public Utility Tariffs: Is The Rationale For State-Sponsored Indemnity Still Valid?, John L. Rudy

Buffalo Law Review

No abstract provided.


Motherhood And Contract: Always Crashing In The Same Car, Elise Bruhl Sep 2000

Motherhood And Contract: Always Crashing In The Same Car, Elise Bruhl

Buffalo Women's Law Journal

No abstract provided.


Intentional Interference With Contract And The Doctrine Of Efficient Breach: Fine Tuning The Notion Of The Contract Breacher As Wrongdoer, Clark A. Remington Jan 1999

Intentional Interference With Contract And The Doctrine Of Efficient Breach: Fine Tuning The Notion Of The Contract Breacher As Wrongdoer, Clark A. Remington

Buffalo Law Review

No abstract provided.


Relational Contract Theory And The Concept Of Exchange, Paul J. Gudel Oct 1998

Relational Contract Theory And The Concept Of Exchange, Paul J. Gudel

Buffalo Law Review

No abstract provided.


Freedom And Interdependence In Twentieth-Century Contract Law: Traynor And Hand And Promissory Estoppel, Alfred S. Konefsky Jan 1997

Freedom And Interdependence In Twentieth-Century Contract Law: Traynor And Hand And Promissory Estoppel, Alfred S. Konefsky

Journal Articles

No abstract provided.


Samuel Williston's Struggle With Depression, Allen D. Boyer Jan 1994

Samuel Williston's Struggle With Depression, Allen D. Boyer

Buffalo Law Review

No abstract provided.


How To Read, Or At Least Not Misread, Cardozo In The Allegheny College Case, Alfred S. Konefsky Oct 1987

How To Read, Or At Least Not Misread, Cardozo In The Allegheny College Case, Alfred S. Konefsky

Buffalo Law Review

No abstract provided.


Contractual Theories Of Recovery In The Hmo Provider-Subscriber Relationship: Prospective Litigation For Breach Of Contract, Randolph E. Sarnacki Jan 1987

Contractual Theories Of Recovery In The Hmo Provider-Subscriber Relationship: Prospective Litigation For Breach Of Contract, Randolph E. Sarnacki

Buffalo Law Review

No abstract provided.


Providing Municipal Services In New York State: The "Private Contract" Alternative, Thomas J. Kelly Jr. Jul 1979

Providing Municipal Services In New York State: The "Private Contract" Alternative, Thomas J. Kelly Jr.

Buffalo Law Review

No abstract provided.


Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn Jul 1979

Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn

Buffalo Law Review

No abstract provided.


Contracts—Warranties, Unconscionability, And The Parol Evidence Rule—Industralease Automated & (And) Scientific Corp. V. R.M.E. Enterprises, Inc., Lawrence S. Goldberg Jul 1978

Contracts—Warranties, Unconscionability, And The Parol Evidence Rule—Industralease Automated & (And) Scientific Corp. V. R.M.E. Enterprises, Inc., Lawrence S. Goldberg

Buffalo Law Review

No abstract provided.


Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo Jan 1976

Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo

Buffalo Law Review

No abstract provided.


Employment At Will And The Law Of Contracts, Dennis M. Hyatt Oct 1973

Employment At Will And The Law Of Contracts, Dennis M. Hyatt

Buffalo Law Review

No abstract provided.


Toward A Law Of Academic Status, Matthew W. Finkin Jan 1973

Toward A Law Of Academic Status, Matthew W. Finkin

Buffalo Law Review

No abstract provided.


Back Pay Awards: A Remedy Under Executive Order 11246, M. Brian Moroze Jan 1973

Back Pay Awards: A Remedy Under Executive Order 11246, M. Brian Moroze

Buffalo Law Review

No abstract provided.


Treatment Of Debtors, O. John Rogge Oct 1972

Treatment Of Debtors, O. John Rogge

Buffalo Law Review

No abstract provided.


Cases And Materials On Contracts, Exchange Transactions And Relationships. By Ian R. Macneil., Charles Edward Donegan Jan 1972

Cases And Materials On Contracts, Exchange Transactions And Relationships. By Ian R. Macneil., Charles Edward Donegan

Buffalo Law Review

No abstract provided.


Miscalculation In Contracts: The Tort-Schema In German And Common Law, Robert Dugan Apr 1969

Miscalculation In Contracts: The Tort-Schema In German And Common Law, Robert Dugan

Buffalo Law Review

No abstract provided.


Accord And Satisfaction: Conditional Tender By Check Under The Uniform Commercial Code, Howard T. Reben Apr 1969

Accord And Satisfaction: Conditional Tender By Check Under The Uniform Commercial Code, Howard T. Reben

Buffalo Law Review

No abstract provided.


Of Nuts And Ships And Sealing Wax, Suez And Frustrating Things, John Henry Schlegel Jan 1969

Of Nuts And Ships And Sealing Wax, Suez And Frustrating Things, John Henry Schlegel

Journal Articles

No abstract provided.


Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert L. Birmingham Oct 1968

Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert L. Birmingham

Buffalo Law Review

No abstract provided.