Contracts Commons^™

A New Global Initiative On Contract Law In Uncitral: Right Project, Right Forum?, Keith Loken

Villanova Law Review (1956 - )

No abstract provided.

Unidroit Principles As A Source For Global Sales Law, Henry Deeb Gabriel

Villanova Law Review (1956 - )

No abstract provided.

An Overview Of The Cisg And An Introduction To The Debate About The Future Convention, Michael Bridge

Villanova Law Review (1956 - )

No abstract provided.

The Soft Law Approach To Unification Of International Commercial Contract Law: Future Perspectives In Light Of Unidroit's Experience, Anna Veneziano

Villanova Law Review (1956 - )

No abstract provided.

Article 35 Of The Cisg: Reflecting On The Present And Thinking About The Future, Djakhongir Saidov

Villanova Law Review (1956 - )

No abstract provided.

An Assessment Of The Convention On The Limitation Period In The International Sale Of Goods Through Case Law, Luca G. Castellani

Villanova Law Review (1956 - )

No abstract provided.

Law Wars: Australian Contract Law Reform Vs. Cisg Vs. Cesl, Lisa Spagnolo

Villanova Law Review (1956 - )

No abstract provided.

Cisg As Basis Of A Comprehensive International Sales Law, Larry A. Dimatteo

Villanova Law Review (1956 - )

No abstract provided.

Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins

Villanova Law Review (1956 - )

A private transfer fee (PTF) is typically created when a developer or homeowner decides to attach a covenant to the title of the home. This covenant, the PTF covenant, attaches the PTF to the real property. These covenants require payment of a fee—typically stated as one percent of the property's sale price—upon each resale or transfer of the property and often survive for a period of ninety-nine years. The recipients or owners of the PTF (PTF beneficiaries) can be almost anyone, including property developers, PTF developers, home owner associations (HOA), private investors, state governments, and non-profit charities. Usually, the PTF …

All Dogs Go To Heaven... Or Divorce Court: New Jersey Unleashes A Subjective Value Consideration To Resolve Pet Custody Litigation In Houseman V. Dare, Eric Kotloff

Villanova Law Review (1956 - )

No abstract provided.

Interest As Damages, John Y. Gotanda, Thierry J. Sénéchal

Working Paper Series

In this article, we posit that when arbitral tribunals decide international disputes, they typically fail to fully compensate claimants for the loss of the use of their money. This failure occurs because they do not acknowledge that businesses typically invest in opportunities that pose a significantly greater risk than the risk reflected in such commonly used standards as U.S. T-bills and LIBOR rates. Claimants also must share the blame when they do not set out a well-constructed claim for interest as damages. However, even when claimants do so, tribunals often award damages at a statutory rate or at rate reflecting …

The Economics Of Deal Risk: Allocating Risk Through Mac Clauses In Business Combination Agreements, Robert T. Miller

Working Paper Series

In any large corporate acquisition, there is a delay between the time the parties enter into a merger agreement (the signing) and the time the merger is effected and the purchase price paid (the closing). During this period, the business of one of the parties may deteriorate. When this happens to a target company in a cash deal, or to either party in a stock-for-stock deal, the counterparty may no longer want to consummate the transaction. The primary contractual protection parties have in such situations is the merger agreement’s “material adverse change” (MAC) clause. Such clauses are heavily negotiated and …

Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda

Working Paper Series

The United Nations Convention on the International Sale of Goods (CISG) sets forth only a basic framework for the recovery of damages, thereby giving a court of tribunal broad authority to determine an aggrieved party’s loss based on circumstances of the particular case. Unfortunately, the lack of specificity has resulted in much litigation, and seemingly conflicting results. To remedy this problem, some have argued that the gaps in the CISG damages provisions should be filled with the UNIDROIT Principles of International Commercial Contracts. In this paper, I argue that the gap-filling rules of CISG preclude the UNIDROIT Principles from being …

The Reemergence Of Restitution: Theory And Practice In The Restatement (Third) Of Restitution, Chaim Saiman

Working Paper Series

The ALI’s Restatement (Third) of Restitution provides one of the most interesting expressions of contemporary legal conceptualism. This paper explores the theory and practice of post-realist conceptualism through a review and critique of the Restatement. At the theoretical level, the paper develops a typology of different forms of conceptualism, and shows that the Restatement has more in common with the high formalism of the nineteenth century than with contemporary modes of private law discourse. At the level of substantive doctrine, the paper explains why labels in fact make a difference, and assesses which recoveries are more (and less) likely under …

Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda

Working Paper Series

In contract disputes between transnational contracting parties, damages are often awarded to compensate a claimant for loss, injury or detriment resulting from a respondent’s failure to perform the agreement. In fact, damages may be the principal means of substituting for performance or they may complement other remedies, such as recision or specific performance.

Damages for breach of contract typically serve to protect one of three interests of a claimant: (1) performance interest (also known as expectation interest); (2) reliance interest; or (3) restitution interest. The primary goal of damages in most jurisdictions is to fulfil a claimant’s performance interest by …

The Mold Rush: The Onslaught Of Mold-Related Bad Faith Suits Against Insurers And The Price For Homeowners, Kellie Maccready

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Legal Considerations For Sponsorship Contracts Of Olympic Athletes, Leigh Augustine-Schlossinger

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Risky Business: Htas, The Cash Forward Exclusion And Top Of Iowa Cooperative V. Schewe, Charles F. Reid

Villanova Law Review (1956 - )

No abstract provided.

Damning With Fulsome Praise: Assessing The Uniqueness Of An Artist Or Performer As A Condition To Enjoin Performance Of Personal Service Contracts In Entertainment Law, Sharon F. Carton

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Economic Loss Rule And Fiduciary Duty Claims: Nothing Stricter Than The Morals Of The Marketplace, Amanda K. Esquibel

Villanova Law Review (1956 - )

No abstract provided.

Reviving Jacob And Youngs, Inc. V. Kent: Material Breach Doctrine Reconsidered, Amy B. Cohen

Villanova Law Review (1956 - )

No abstract provided.

Firrea - Third Circuit Joins Other Circuits In Holding That Firrea Abolishes Preexisting Contracts Regarding Capital Requirements, Alison M. Bennett

Villanova Law Review (1956 - )

No abstract provided.

Computer Malpractice And Other Legal Problems Posed By Computer Vaporware, Ronald N. Weikers

Villanova Law Review (1956 - )

No abstract provided.

The Modification Mystery: Section 2-209 Of The Uniform Commercial Code, John E. Murray Jr.

Villanova Law Review (1956 - )

No abstract provided.

The Merchant's Exception To The Uniform Commercial Code's Statute Of Frauds, Charles D. Onofry

Villanova Law Review (1956 - )

No abstract provided.

Is Revision Due For Article 2, Fairfax Leary Jr., David Frisch

Villanova Law Review (1956 - )

No abstract provided.

The Employment Handbook As A Contractual Limitation On The Employment At Will Doctrine, Kelly Mcwilliams

Villanova Law Review (1956 - )

No abstract provided.

Landlord And Tenant: A Study In Property And Contract, Edward Chase, E. Hunter Taylor Jr.

Villanova Law Review (1956 - )

No abstract provided.

Corporations - Under Delaware Law, Majority Shareholders Have No Duty To Ensure That Minority Shareholders Benefit From A Contractual Corporate Dividend Distribution Policy Where The Latter's Changed Circumstances Preclude Enjoyment Of The Benefit, Gregory F. Lepore

Villanova Law Review (1956 - )

No abstract provided.