Contracts Commons^™

Sea Changes In Sue-And-Settle Policy: The Tides Of Transparency And Expediency, Evan B. Fitzgerald

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Inheriting The Mess: How Cercla Successor Liability Shapes The Landscape For Asset Purchase Deals, Liam N. Hudson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Better Digital Contracts With Prosocial Friction-In-Design, Brett Frischmann, Moshe Y. Vardi

Faculty Publications

Contract law is supposed to enable people to reach genuine agreements and cooperate. If this ideal was ever a reality, the rise of mass market contracts and boil­erplate rendered it pure fiction. Modern consumer contracts are incomprehensible to most people. No one reads them anyway.

Digital contracting involves design features that amplify traditional boilerplate harms and create others. For example, digital contracting is too cheap; low marginal costs lead to overexpansion in scale and scope. To make matters worse, the loss of autonomy from repeat engagement with digital contracting systems is pernicious. People become increasingly predictable and programmable as digital …

Dismissing Human Trafficking: Forced Arbitration Of Survivors’ Civil Suits, Annie Smith, Daniel Werner

Villanova Law Review (1956 - )

No abstract provided.

Winning Inside Out: How The Creation Of Protective Mental Health Clauses Could Elevate Professional Athlete Performance, Hannah Posencheg

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Is Insurance "Just A Contract" Or A "Just Contract"?, Chaim Saiman

Faculty Publications

Courts never tire of saying an insurance policy is “just a contract” and subject to ordinary rules of contract law. Contract here signals a plain language approach that strives for formal neutrality between the parties. Yet courts also frequently rely on a narrative that an insurance policy strives to be a “just contract” with special pro-policyholder rules that reach beyond the plain language.

How is insurance simultaneously “just a contract” and a “just contract?” Prior scholarship has noted the confusion, but this Article aims to reconcile the dueling narratives. When the issue relates to scope or breadth of coverage—whether a …

No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Time's Up: Against Shortening Statutes Of Limitation By Employment Contract, Meredith R. Miller

Villanova Law Review (1956 - )

No abstract provided.

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

In Re Weinstein Company Holdings Llc: An Overly Systematic Approach To Executory Contracts Limits Much-Needed Flexibility, Thomas Hauk, Andrew Schwartz

Villanova Law Review (1956 - )

No abstract provided.

Fastball Down The Middle- How Major League Baseball's Players Association Can Hit A Homerun By Implementing Its Own Human Equity Fund, Ryan Thomas

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Call To The Bullpen: Saving High School Student Athlete Name, Image, And Likeness Rights, Francesca Casalino

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Terminating College Head Coaches' Employment With Cause For Ncaa Rules Infractions, Josh Lens

Villanova Law Review (1956 - )

No abstract provided.

Sunday Ticket: The Ninth Circuit's Expansion Of The Quick Look Test Could Incidentally Help Fans Watch More Football For Less Money, Matthew Oakley

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Risky Fine Print: A Novel Typology Of Ethical Risks In Mobile App User Agreements, Bar Fargon Mizrahi

Villanova Law Review (1956 - )

No abstract provided.

Contract Fixer Upper: Addressing The Inadequacy Of The Force Majeure Doctrine In Providing Relief For Nonperformance In The Wake Of The Covid-19 Pandemic, Amy Sparrow Phelps

Villanova Law Review (1956 - )

No abstract provided.

Forced Play: Was The Mlb Commisioner's Decision To Force A 2020 Mlb Season Amid Coronavirus Unenforceable, Or Just A Bad Idea?, Rachel Young

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Bargaining For Innovation, Elizabeth Winston

Villanova Law Review (1956 - )

No abstract provided.

Demystifying Unconscionability: A Historical And Empirical Analysis, Brian M. Mccall

Villanova Law Review (1956 - )

No abstract provided.

Home Is Where The Confusion Is: Pennsylvania Formally Adopts The "Gist Of The Action" Doctrine And Builds A House For Ambiguity In Bruno V. Erie Insurance Co., Lauren Anthony

Villanova Law Review (1956 - )

No abstract provided.

Healthcare And The Balance-Billing Problem: The Solution Is The Common Law Of Contracts And Strengthening The Free Market For Healthcare, George A. Nation Iii

Villanova Law Review (1956 - )

No abstract provided.

Dancing Around Contracts And Business Ethics: Lessons From Arthur Murray, Daniel M. Warner

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Defining The Borders Of Uniform International Contract Law: The Cisg And Remedies For Innocent, Negligent, Or Fraudulent Misrepresentation, Ulrich G. Schroeter

Villanova Law Review (1956 - )

No abstract provided.

Principles Of Asian Contract Law: An Endeavor Of Regional Harmonization Of Contract Law In East Asia, Shiyuan Han

Villanova Law Review (1956 - )

No abstract provided.

Who Needs A Uniform Contract Law, And Why?, Ingeborg Schwenzer

Villanova Law Review (1956 - )

No abstract provided.

Applicable Law, The Cisg, And The Future Convention On International Commercial Contracts, Pilar Perales Viscasillas

Villanova Law Review (1956 - )

No abstract provided.

Attorneys' Fees -- Last Ditch Stand?, Bruno Zeller

Villanova Law Review (1956 - )

No abstract provided.

Possible Future Work By Uncitral In The Field Of Contract Law: Preliminary Thoughts From The Secretariat, Renaud Sorieul, Emma Hatcher, Cyril Emery

Villanova Law Review (1956 - )

No abstract provided.

The Intrepretation In Mexico Of The United Nations Convention On Contracts For The International Sale Of Goods, Alejandro Osuna-Ganzalez

Villanova Law Review (1956 - )

No abstract provided.

Cisg And Upicc As The Basis For An International Convention On International Commercial Contracts, Jan Ramberg

Villanova Law Review (1956 - )

No abstract provided.