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Articles 31 - 60 of 85

Full-Text Articles in Contracts

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey Nov 2011

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

The 2011 session of the Virginia General Assembly enacted wills, trusts, and estates legislation that: (i) eliminated a potential federal transfer tax trap in inter vivos marital trusts, (ii) interpreted transfer tax formula clauses in light of recent changes in federal law, and (iii) adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Three other legislative enactments and seven opinions of the Supreme Court of Virginia during the twelve months ending June 1, 2011, addressed issues affecting this field. In addition to addressing those developments, this article summarizes a recent federal district court opinion that dealt with a significant …


Response To Reasonable Expectations In Sociocultural Context, David G. Epstein May 2011

Response To Reasonable Expectations In Sociocultural Context, David G. Epstein

Law Faculty Publications

The Article starts 6 (and ends)7 with the premise that contract law should enforce the reasonable expectations of the parties. This is a hard premise to challenge.8 And an even harder premise to apply.9 The Article recognizes the two problems with applying this premise: (1) how does a court decide what expectations are “reasonable,”10 and (2) what does a court do when the contracting parties have different reasonable expectations.11 The Article then uses two cases to illustrate how “sociocultural dissonance between a judge and contracting party”12 exacerbates these problems.


The Recent Amendments To Ucc Article 9: Problems And Solutions, David Frisch Mar 2011

The Recent Amendments To Ucc Article 9: Problems And Solutions, David Frisch

University of Richmond Law Review

This article examines three of the forthcoming amendments to Article 9 in some detail: (1) the required name of an individual on a financing statement; (2) the perfection of collateral following the debtor's relocation to a new jurisdiction; and (3) collateral acquired by a new debtor. In the interest of brevity, the discussion of other, less noteworthy, amendments of the statutory text and Official Comments is not as complete. The primary purpose of this article is to offer guidance to legal professionals confronting particular issues under current and future Article 9.


Narrative And The Origins Of Law, Allison Anna Tait, Luke P. Norris Jan 2011

Narrative And The Origins Of Law, Allison Anna Tait, Luke P. Norris

Law Faculty Publications

In order to understand these distinct narratives of legal origin through the tools of narratology, we will proceed in several steps. First, we will define more precisely the set of social contract theories that we consider. We will discuss our decision to narrow the focus down to two social contract theorists in particular, one contemporary and one classical, John Rawls and Jean-Jacques Rousseau. These two theorists seem worlds apart in many respects—yet the tools of narratology will enable us to see their shared enterprise. Second, the tools of narratology will help us to identify and discuss the component parts that …


Contract Law's Two "P.E.'S": Promissory Estoppel And The Parole Evidence Rule, David G. Epstein Apr 2010

Contract Law's Two "P.E.'S": Promissory Estoppel And The Parole Evidence Rule, David G. Epstein

Law Faculty Publications

This article is about "P.E." Not the physical education class that you looked forward to in junior high school, but the two "P.E.'s" you dreaded in your first-year law school contracts class: (1) promissory estoppel and (2) the parol evidence rule.' Each is plenty complicated standing alone. This article considers what happens if the two bump into each other. More specifically, this article asks and answers the question: Should the parol evidence rule apply to promissory estoppel cases?


The Reverse-Morals Clause: The Unique Way To Save Talent's Reputation And Money In A New Era Of Corporate Crimes And Scandals, Porcher L. Taylor Iii, Fernando M. Pinguelo, Timothy D. Cedrone Jan 2010

The Reverse-Morals Clause: The Unique Way To Save Talent's Reputation And Money In A New Era Of Corporate Crimes And Scandals, Porcher L. Taylor Iii, Fernando M. Pinguelo, Timothy D. Cedrone

School of Professional and Continuing Studies Faculty Publications

This article sails into the largely unchartered waters of reverse-morals clauses because, to our knowledge, there are no law review or law journal articles that substantially address this still nascent area of law.25 Similarly, our research has not revealed any state or federal cases involving reverse-morals clauses.26 Nor has an actual talent contract containing such a clause been publicly revealed, either in terms of language or the identification of the parties to such a clause,27 although reportedly "an increasingly larger number" of talent are now asking for reverse-morals clauses in the wake of the Enron fallout and …


"No Man Can Be Worth $1,000,000 A Year": The Fight Over Executive Compensation In 1930s America, Harwell Wells Jan 2010

"No Man Can Be Worth $1,000,000 A Year": The Fight Over Executive Compensation In 1930s America, Harwell Wells

University of Richmond Law Review

No abstract provided.


A Patent Panacea?: The Promise Of Corbinized Claim Construction, Jonathan L. Moore Jan 2010

A Patent Panacea?: The Promise Of Corbinized Claim Construction, Jonathan L. Moore

Law Student Publications

A patent's claims define the scope of a patent-holder's right to exclude others. Because patent infringement actions often hinge on how a court construes claim terms, the interpretative approach that a court uses has a significant effect on the scope ofpatent rights. This article examines claim construction through the lens of contract law. In theory, the Federal Circuit has explicitly rejected the application of contract interpretation principles to claim construction, despite historical acceptance of the patent-contract analogy. In practice, however, the Federal Circuit applies the theory of contract interpretation espoused by Samuel Williston, a theory that focuses on the text …


Reliance On Oral Promises: Statute Of Frauds And Promissory Estoppel, David G. Epstein Jan 2010

Reliance On Oral Promises: Statute Of Frauds And Promissory Estoppel, David G. Epstein

Law Faculty Publications

Reliance on oral promises is the basis not only for law school hypotheticals but also for real world litigation. Consider the following hypothetical based on the 1970 Supreme Court of Hawaii decision in Mcintosh v. Murphy: Tex moved from Lubbock, Texas to Oklahoma to work for Murphy Motors Chevrolet-Oldsmobile, an Okmulgee car dealership. Tex signed a lease for an apartment in Okmulgee. After two months as assistant sales manager, Murphy Motors fired Tex. Tex sued Murphy Motors alleging breach of an alleged oral agreement that she would be employed for two years. It is understandable that a jury might not …


Civil Practice And Procedure, Hon. Jane Marum Roush Nov 2009

Civil Practice And Procedure, Hon. Jane Marum Roush

University of Richmond Law Review

No abstract provided.


The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr. May 2009

The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr.

University of Richmond Law Review

No abstract provided.


Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase Nov 2008

Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase

University of Richmond Law Review

No abstract provided.


Construction Law, D. Stan Barnhill Nov 2008

Construction Law, D. Stan Barnhill

University of Richmond Law Review

No abstract provided.


Branding The Small Wonder: Delaware's Dominance And The Market For Corporate Law, Omari Scott Simmons May 2008

Branding The Small Wonder: Delaware's Dominance And The Market For Corporate Law, Omari Scott Simmons

University of Richmond Law Review

No abstract provided.


Labor And Employment Law, W. David Paxton, Gregory R. Hunt Nov 2007

Labor And Employment Law, W. David Paxton, Gregory R. Hunt

University of Richmond Law Review

No abstract provided.


Promissory Estoppel: The Life History Of An Ideal Legal Transplant, Joel M. Ngugi Jan 2007

Promissory Estoppel: The Life History Of An Ideal Legal Transplant, Joel M. Ngugi

University of Richmond Law Review

This article hopes to accomplish three things. First, it will revisit the historical origins of the doctrine of promissory estoppel in the American law of contracts and the role that Samuel Williston, the Chief Reporter of the Restatement (First) of Contracts ("First Restatement") played in the evolution of the doctrine. The dominant theory is that Williston conceptualized the new promissory estoppel doctrine in a way that retarded and blunted the doctrine shortly after its birth. This theory is adhered to by both critics and proponents of the expansion of promissory estoppel as a ground of promissory obligation. According to both …


Accrual Of Causes Of Action In Virginia, James W. Ellerman Nov 2006

Accrual Of Causes Of Action In Virginia, James W. Ellerman

University of Richmond Law Review

This article will examine major issues in Virginia law affecting the accrual of causes of action, specifically in the contexts of contract, tort, and property. In addition to surveying the basic accrual requirements for each area of law, this article will look more deeply into several specific issues that guide an accrual analysis particularly the distinction between causes and rights of action, as well as the continuous treatment, discovery, and economic loss rules.


Real Estate Law, Paul H. Davenport, Lindsey H. Dobbs Nov 2006

Real Estate Law, Paul H. Davenport, Lindsey H. Dobbs

University of Richmond Law Review

This article surveys significant cases concerning real property law decided by the Supreme Court of Virginia between the spring of 2004 and the spring of 2006. This article also details significant legislative changes flowing from the 2005 and 2006 Virginia General Assembly sessions.


Bearded Ladies Walking On The Brooklyn Bridge, David G. Epstein Jan 2006

Bearded Ladies Walking On The Brooklyn Bridge, David G. Epstein

Law Faculty Publications

This article discusses the post-Restatement Second use, misuse, and abuse of the terms "bilateral contract" and "unilateral contract" and answers the hypotheticals in the first paragraphs of the article.


The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth Nov 2005

The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth

University of Richmond Law Review

In its 2005 Session, the Virginia General Assembly enacted Senate Bill 891,1 thus adopting the Uniform Trust Code ("UTC"), with modifications considered appropriate to this state's institutions, traditions, and jurisprudence. The Virginia Uniform Trust Code ("Virginia UTC"), set forth in new Chapter 31 of Title 55 of the Virginia Code, has an effective date of July 1, 2006, but, once in effect, it will be applicable (with some exceptions) to trusts created before, on, or after that date. The new Virginia UTC, which encompasses the great bulk of the principles and rules that comprise the law of trusts in Virginia, …


Wills, Trusts, And Estates, J. Rodney Johnson Nov 2005

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2005 Session. In addition, there were two opinions from the Supreme Court of Virginia that presented issues of interest to the general practitioner as well as to the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.


An Alternative Paradigm For Valuing Breach Of Registration Rights And Loss Of Liquidity, Royce De R. Barondes Jan 2005

An Alternative Paradigm For Valuing Breach Of Registration Rights And Loss Of Liquidity, Royce De R. Barondes

University of Richmond Law Review

No abstract provided.


Mediation And The Transformation Of American Labor Unions, Ann C. Hodges Apr 2004

Mediation And The Transformation Of American Labor Unions, Ann C. Hodges

Law Faculty Publications

First, the Article analyzes in more detail the changes in the workplace that have led to various proposals for reform. Then the Article looks at the potential for mediation of claims that do not arise out of the collective bargaining agreement, analyzing the possible benefits from the point of view of employers, employees and unions. Next, some of the issues and obstacles to mediation are reviewed. Ultimately the Article concludes that the benefits of mediation outweigh the disadvantages and that in most collective bargaining relationships the obstacles should not prevent either negotiation of such provisions or their successful use for …


Correctional Services Corporation V. Malesko: Unmasking The Implied Damage Remedy, Matthew G. Mazefsky Jan 2003

Correctional Services Corporation V. Malesko: Unmasking The Implied Damage Remedy, Matthew G. Mazefsky

University of Richmond Law Review

No abstract provided.


Labor And Employment Law, Thomas M. Winn Iii Nov 2002

Labor And Employment Law, Thomas M. Winn Iii

University of Richmond Law Review

No abstract provided.


Civil Procedure By Contract: A Convoluted Confluence Of Private Contract And Public Procedure In Need Of Congressional Control, David H. Taylor, Sara M. Cliffe Jan 2002

Civil Procedure By Contract: A Convoluted Confluence Of Private Contract And Public Procedure In Need Of Congressional Control, David H. Taylor, Sara M. Cliffe

University of Richmond Law Review

There is great appeal to the notion that parties to a contract may provide in their agreement for how certain aspects of any dispute that may subsequently arise will be resolved. The appeal is so great, in fact, that both parties and courts have embraced the use and enforcement of pre-litigation agreements ("PLAs"). These agreements take a variety of forms. Parties may agree to the forum in which their dispute will be resolved. They may designate the law that will be applied to the resolution of the dispute. Parties may designate what evidence may or may not be presented as …


Dear Sir Or Madam: You Cannot Contract In A Closet, David J. Depippo Jan 2001

Dear Sir Or Madam: You Cannot Contract In A Closet, David J. Depippo

University of Richmond Law Review

This comment will examine this seemingly basic question through the lens of two recent Gateway cases. In Hill v. Gateway 2000, Inc., the Seventh Circuit held that the Standard Terms were part of the sales agreement, and thus, the consumer was bound by them. The United States District Court for the District of Kansas, in Klocek v. Gateway, Inc., however, held that the contract for sale had been made when the seller identified the computer for shipping, or at the very least, shipped the computer, and thus, the Standard Terms were merely proposals of additional terms to which the consumer …


Y2k …Who Cares? We Have Bigger Problems: Choice Of Law In Electronic Contracts, Aristotle G. Mirzaian Jan 2000

Y2k …Who Cares? We Have Bigger Problems: Choice Of Law In Electronic Contracts, Aristotle G. Mirzaian

Richmond Journal of Law & Technology

Every day it becomes more certain that the Internet will take its place alongside the other great transformational technologies that first challenged, and then fundamentally changed, the way things are done in the world.


Much Ado About Nothing: Achieving "Essential" Negotiability In An Electronic Environment, David Frisch Jan 1995

Much Ado About Nothing: Achieving "Essential" Negotiability In An Electronic Environment, David Frisch

Law Faculty Publications

The approach adopted here is both historical and analytical. Part II of this Article describes the historical development of assignment law, and demonstrates that it parallels a more general shift of the law away from physical conceptions of property. It concludes that although a paper-based document may still be a practical requirement, there is no longer a valid theoretical justification for not making the law of negotiable instruments media neutral. In Part III we survey the features of negotiable instrument law and compare it generally with the law of assignments. This comparison suggests that the most striking substantive difference between …


Contracts, Copyright And Preemption In A Digital World, I Trotter Hardy Jan 1995

Contracts, Copyright And Preemption In A Digital World, I Trotter Hardy

Richmond Journal of Law & Technology

Copyright is designed to provide some form of protection against unauthorized use of original informational materials. The rapid shift of information production and distribution to electronic form, with its corresponding ease of copying, naturally makes copyright-dependent industries nervous. Much talk in the news and on the "net" these days is about the future of copyright law, a law developed in an age of print and now perhaps too tied to that medium to have ready application to today's information technology.