Contracts Commons^™

Abstract Right And The Possibility Of A Nondistributive Conception Of Contract: Hegel And Contemporary Contract Theory, Peter Benson

Cardozo Law Review

No abstract provided.

Right And Advantage In Private Law, Ernest J. Weinrib

Cardozo Law Review

No abstract provided.

Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman

Cardozo Law Review

No abstract provided.

Paternalism And Contract: A Critique Of Anthony Kronman, Rochelle Spergel

Cardozo Law Review

No abstract provided.

Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy

Cardozo Law Review

No abstract provided.

The Continuity Of Legislatures: Of Contracts And The Contracts Clause, Stewart E. Sterk

Articles

Legislatures change constantly. Each election brings new legislators and removes old ones. Those who remain are nevertheless affected by the changes in composition, and by other changes wrought by the passage of time. These changes in composition and changes in external stimuli inevitably produce pressure for changes in policy. And in a democratic system, legislatures are generally free to reverse or modify the policies of their predecessors.

Federal And State Antitrust Enforcement: Constitutional Principles And Policy Considerations, Daniel Oliver

Cardozo Law Review

No abstract provided.

A New Guide To Negotiating The Author-Publisher Contract, Martin P. Levin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Foresight And The Law Of Servitudes, Stewart E. Sterk

Articles

The article explores the debate over party autonomy in the law of servitudes, particularly focusing on the role of foresight and transaction costs. It argues that while freedom of contract is a foundational principle, the limitations of human foresight and the potential for high transaction costs justify limited judicial intervention to modify or terminate servitudes when circumstances change. The author critiques Professor Epstein's argument that perfect foresight would obviate the need for intervention, emphasizing that real-world contracting parties often fail to anticipate future changes adequately. The article ultimately advocates for a balanced approach that enforces servitudes but allows for judicial …

When Owners Should Pay For Construction Delay: Corinno Civetta Construction Corp. And The No-Damage-For-Delay Clause, Marc Handelman

Cardozo Law Review

No abstract provided.

Nonconsensual Repeal Of Third-Party Beneficiary Contract Rights: Senior Creditors Under Subordination Agreements, Jessica A. Hauser

Cardozo Law Review

No abstract provided.

Neighbors In American Land Law, Stewart E. Sterk

Articles

The article critiques the foundational principle of land law known as the "geometric-box allocation," which assumes landowners have absolute control over their property within defined boundaries. While this model provides clarity and facilitates private bargaining, the analysis argues that it often fails to account for externalities, social norms, and bilateral monopoly situations, leading to inefficiencies. The author challenges the assumption that private bargaining will always produce efficient results, particularly in low-transaction-cost scenarios, and highlights the limitations of using intent as a justification for cross-boundary allocations. The article ultimately suggests that land law doctrine reflects and reinforces both individualist and non-individualist …

Towering Above Charities: Real Estate Development By Nonprofit Organizations, Zoning Variances, And The Reasonable Return Finding, Eric J. Gruber

Cardozo Law Review

No abstract provided.

Barzilai V. Government Of Israel, Meir Shamgar, Aharon Barak

Translated Opinions

The petitions to the court related to the decision of the President of the State to pardon the Head of the General Security Service (G.S.S.) and three of his assistants in respect of all the offences attributed to them connected with the incident known as "bus no. 300". The pardons were granted by the President under sec. 11 (b) of the Basic Law: The President of the State, by which he is empowered "to pardon offenders and to lighten penalties by the reduction or commutation thereof." The principal issue raised in the petitions was whether the President had the power …

Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg

Articles

The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …

Consequential Damages And Entertainers' Contracts - The Buck Stops Where?, Robert L. Gordon

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Compulsory License Redux: Will It Survive In A Changing Market?, Ralph Oman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Priorities And Statutory Construction: Mechanic's Liens In New York, Jonathan E. Stassberg

Cardozo Law Review

No abstract provided.

Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer

Cardozo Law Review

No abstract provided.

Israel British Bank V. Estate Of Nathan Williams, Shlomo Levin, Miriam Ben-Porat, Shoshana Netanyahu

Translated Opinions

The appeal turns on the question as to when the cause of action arises, for the purposes of limitation of actions, in a suit brought by a bank against its customer and founded on a debit balance in a current account: on the date the debit balance came into existence or on the date of the demand for payment.

Held by the Supreme Court:

A.      (1)     All of the terms, upon which a particular indebtedness is conditional, must be complied with in order to vest in the other party to a contract the right to claim its discharge. That is …

The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton Jr.

Cardozo Law Review

No abstract provided.

The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins

Cardozo Law Review

No abstract provided.

Shopping Center Tenant Bankruptcies: A Better Balance Of Opposing Interests, Matthew J. Gould

Cardozo Law Review

No abstract provided.

Bankruptcy: The Death Of Recording Contracts, Mitchell R. Julis, Ricardo A. Baez

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Deterring "Surface Bargaining": Employer Uncertainty And The Duty To Bargain In Good Faith, Irv Hepner

Cardozo Law Review

No abstract provided.

Contract And Uncertainty: The Reformation Of An International Business Agreement, Joan A. Lipton

Cardozo Law Review

No abstract provided.

Beth Hananya V. Freidman, Zvi Berinson, Eliyahu Manny, Shimon Agranat

Translated Opinions

At a general meeting of the appellant society a resolution was adopted amending a certain provision of its constitution. The respondents, members of the society, sought a declaration that the resolution was void because wives of members had voted thereon although not formally members themselves. The appellant pleaded that the wives had been duly admitted to membership, that it was customary, as throughout the settlement movement, for wives to become members and that the respondents were estopped from denying such membership. The District Court granted the declaration claimed.

Held, granting the appeal, that whilst normally a person did not become …

Basset V. Hapol Compulsory Insurance Ltd., Shimon Agranat, Zvi Berinson, Yitzhak Olshan

Translated Opinions

The first appellant was involved in a traffic accident, for which he was partly responsible. as a result of which a number of persons were injured. The respondent, the insurer of the other vehicle, settled the claims of some of the injured in negotiations outside court, after having invited the appellants to join in the negotiations. The latter refused to do so nor did they make any contribution to the payments made by the respondent who sued for contribution. The appellant denied liability and applied for the action to be dismissed in limine for no cause of action.

Held. The …

Gazit V. Ports Authority, Yoel Sussman, Moshe Landau, Eliyahu Manny

Translated Opinions

Whilst the second respondent was building a wharf in Kishon harbour, the first respondent issued a tender for the erection of a warehouse in the same place. The second respondent competed in the tender but its bid was not the lowest. Because, however, of the desire to have the job finished for the coming citrus marketing season and because of the difficulties apprehended if two different contractors worked on the site at the same time, the work was awarded to the second respondent after negotiations for a reduction of the price. Only the second respondent of all those competing knew …

Zim Israel Navigation Co. V. Maziar, Moshe Silberg, Moshe Landau, Alfred Witkon

Translated Opinions

During a voyage between Marseilles and Haifa, the respondent fell ill, apparently from food she had eaten on board, and for three months after arriving in Israel suffered from a stomach infection. She sued the ship owners and the ship's chef for negligence. The appellants pleaded in defence inter alia the exemption clause relieving them from liability which appeared in the passenger ticket sold to the respondent. The District Court found for the respondent on the ground that res ipsa loquitur and held that the exemption clause was null and void.

Held (per Silberg, J.): As between the English approach …