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

Contracts Commons™

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

William & Mary Law School

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 61 - 90 of 152

Full-Text Articles in Contracts

Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins Jan 2008

Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins

Faculty Publications

No abstract provided.


The Failure Of Economic Interpretations Of The Law Of Contact Damages, Nathan B. Oman Jul 2007

The Failure Of Economic Interpretations Of The Law Of Contact Damages, Nathan B. Oman

Faculty Publications

The law of contracts is complex but remarkably stable. What we lack is a widely accepted interpretation of that law as embodying a coherent set of normative choices. Some scholars have suggested that either economic efficiency or personal autonomy provide unifying principles of contract law. These two approaches, however, seem incommensurable, which suggests that we must reject at least one of them in order to have a coherent theory. This Article dissents from this view and has a simple thesis: Economic accounts of the current doctrine governing contract damages have failed, but efficiency arguments remain key to any adequate theory …


Legal Determinacy And Moral Justification , Jody S. Kraus Apr 2007

Legal Determinacy And Moral Justification , Jody S. Kraus

William & Mary Law Review

No abstract provided.


Morality And Contract: The Question Of Paternalism, James Gordley Apr 2007

Morality And Contract: The Question Of Paternalism, James Gordley

William & Mary Law Review

No abstract provided.


Contract As A Transfer Of Ownership, Peter Benson Apr 2007

Contract As A Transfer Of Ownership, Peter Benson

William & Mary Law Review

No abstract provided.


The Moral Impossibility Of Contract, Peter A. Alces Apr 2007

The Moral Impossibility Of Contract, Peter A. Alces

William & Mary Law Review

No abstract provided.


Introductory Remarks: Contract Law And Morality, Nathan B. Oman Apr 2007

Introductory Remarks: Contract Law And Morality, Nathan B. Oman

William & Mary Law Review

No abstract provided.


Guerilla Terms, Peter A. Alces Jan 2007

Guerilla Terms, Peter A. Alces

Faculty Publications

No abstract provided.


Appraising A Presumption: A Modern Look At The Doctrine Of Specific Performance In Real Estate Contracts, Jason S. Kirwan Nov 2005

Appraising A Presumption: A Modern Look At The Doctrine Of Specific Performance In Real Estate Contracts, Jason S. Kirwan

William & Mary Law Review

No abstract provided.


Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese Oct 2005

Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese

Faculty Publications

No abstract provided.


Should Liability Play A Role In The Social Control Of Biobanks?, Larry I. Palmer Apr 2005

Should Liability Play A Role In The Social Control Of Biobanks?, Larry I. Palmer

Faculty Publications

No abstract provided.


Apportioning The Risk Of Delay In Construction Projects: A Proposed Alternative To The Inadequate "No Damages For Delay" Clause, Carl S. Beattie Mar 2005

Apportioning The Risk Of Delay In Construction Projects: A Proposed Alternative To The Inadequate "No Damages For Delay" Clause, Carl S. Beattie

William & Mary Law Review

No abstract provided.


On Discovering Doctrine: "Justice" In Contract Agreement, Peter A. Alces Jan 2005

On Discovering Doctrine: "Justice" In Contract Agreement, Peter A. Alces

Faculty Publications

No abstract provided.


Unity And Pluralism In Contract Law, Nathan B. Oman Jan 2005

Unity And Pluralism In Contract Law, Nathan B. Oman

Faculty Publications

No abstract provided.


Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman Jan 2005

Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman

Faculty Publications

One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While apparently powerful, this argument ultimately fails because it implicitly assumes theories of the corporation at odds with economic theories of law. Economics, in turn, offers a vision of the firm that is quite hospitable to autonomy theories of contract. The failure …


Leveling The Playing Field: Applying The Doctrines Of Unconscionability And Condition Precedent To Effectuate Student-Athlete Intent Under The National Letter Of Intent, Michael J. Riella Apr 2002

Leveling The Playing Field: Applying The Doctrines Of Unconscionability And Condition Precedent To Effectuate Student-Athlete Intent Under The National Letter Of Intent, Michael J. Riella

William & Mary Law Review

No abstract provided.


Contract Reconceived, Peter A. Alces Oct 2001

Contract Reconceived, Peter A. Alces

Faculty Publications

No abstract provided.


Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz Feb 2001

Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Drowning In A Sea Of Contract: Application Of The Economic Loss Rule To Fraud And Negligent Misrepresentation Claims, R. Joseph Barton May 2000

Drowning In A Sea Of Contract: Application Of The Economic Loss Rule To Fraud And Negligent Misrepresentation Claims, R. Joseph Barton

William & Mary Law Review

No abstract provided.


Promises And Paternalism, E. Allan Farnsworth Feb 2000

Promises And Paternalism, E. Allan Farnsworth

William & Mary Law Review

No abstract provided.


Regret And Contract "Science", Peter A. Alces Jan 2000

Regret And Contract "Science", Peter A. Alces

Faculty Publications

No abstract provided.


Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine Apr 1999

Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine

William & Mary Law Review

No abstract provided.


Liberty, Trade, And The Uniform Commercial Code: When Should Default Rules Be Based On Business Practices?, Kerry Lynn Macintosh May 1997

Liberty, Trade, And The Uniform Commercial Code: When Should Default Rules Be Based On Business Practices?, Kerry Lynn Macintosh

William & Mary Law Review

No abstract provided.


On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch Jun 1996

On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch

William & Mary Law Review

No abstract provided.


Tortious Interference: The Limits Of Common Law Liability For Newsgathering, Sandra S. Baron, Hilary Lane, David A. Schulz May 1996

Tortious Interference: The Limits Of Common Law Liability For Newsgathering, Sandra S. Baron, Hilary Lane, David A. Schulz

William & Mary Bill of Rights Journal

Media lawyers have recently been confronted with a relatively new source of litigation: the tort of intentional interference with contractual relations, which arises out of confidentiality agreements. In this Article, the authors identify the elements of tortious interference with contracts and examine the key issues presented when this tort is applied to newsgathering. The authors then consider a potential defense based on the First Amendment. In light of the public and constitutional interests at stake, the authors conclude that the breach of a confidentiality agreement should not sustain a tortious interference claim when the press is involved in newsgathering activity.


Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley May 1996

Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley

William & Mary Bill of Rights Journal

Lawsuits brought by corporations against news organizations during the last few years demonstrate that it is no longer sufficient for the press to get its facts straight. With some industries literally fighting for their lives, a new legal climate has encourage litigation that deflects bad publicity by shifting the focus away from the traditional issue of accuracy to a critical examination of the news media's newsgathering techniques. Concerns about the reaction of courts to unorthodox reporting methods may prompt news organizations to censor themselves, but the author argues that facing the threat of mega-verdicts or contempt citations should be regarded …


The Disclosure Obligations Of Partners Inter Se Under The Revised Uniform Partnership Act Of 1994: Is The Contractarian Revolution Failing?, Allan W. Vestal May 1995

The Disclosure Obligations Of Partners Inter Se Under The Revised Uniform Partnership Act Of 1994: Is The Contractarian Revolution Failing?, Allan W. Vestal

William & Mary Law Review

No abstract provided.


Cardozo And Posner: A Study In Contracts, Lawrence A. Cunningham Apr 1995

Cardozo And Posner: A Study In Contracts, Lawrence A. Cunningham

William & Mary Law Review

No abstract provided.


Decent And Indecent Proposals In The Law: Reflections On Opening The Contracts Discourse To Include Outsiders, Beverly Horsburgh Oct 1994

Decent And Indecent Proposals In The Law: Reflections On Opening The Contracts Discourse To Include Outsiders, Beverly Horsburgh

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Introduction To The Revision Of Article 2 Of The Uniform Commercial Code Symposium, Peter A. Alces May 1994

Introduction To The Revision Of Article 2 Of The Uniform Commercial Code Symposium, Peter A. Alces

William & Mary Law Review

No abstract provided.