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Full-Text Articles in Contracts
Codify This: Exculpatory Contracts In Wisconsin Recreational Businesses, Blake A. Nold
Codify This: Exculpatory Contracts In Wisconsin Recreational Businesses, Blake A. Nold
Marquette Law Review
It is common practice for recreational businesses, such as ski resorts or fitness centers, to require their customers to sign a release of liability form. The purpose of this release form is to relieve the business from any potential liability in the event a customer suffers an injury. However, since 1982, the Wisconsin Supreme Court has yet to uphold an exculpatory contract. Rather than attempting to lay out principles and guidelines for how to draft an exculpatory agreement—in hopes that it will be ruled enforceable—this Comment proposes that Wisconsin recreational businesses, like ski resorts or gyms, should not require customers …
Pluralism Applied: A Concordant Approach To Selecting Contract Rules, Samuel F. Ernst
Pluralism Applied: A Concordant Approach To Selecting Contract Rules, Samuel F. Ernst
Marquette Law Review
Contract rules can be justified by utilitarian theories (such as efficiency theory), which are concerned with promoting rules that enhance societal wealth and utility. Contract rules can also be justified by rights-based theories (such as promissory and reliance theories), which are concerned with protecting the contractual freedom and interests ofthe individual parties to the contract. Or, contract rules can be analyzed through the lenses of a host of other theories, including critical legal theory, bargain theory, and so on. Because no single, unitary theory can ever explain the complex body of laws and societal conventions surrounding contracts, the best rule …
Who Needs Contracts? Generalized Exchange Within Investment Accelerators, Brad Bernthal
Who Needs Contracts? Generalized Exchange Within Investment Accelerators, Brad Bernthal
Marquette Law Review
This Article investigates why an expert volunteers on behalf of startups that participate in a novel type of small venture capital ("VC") fund known as a mentor-driven investment accelerator ("MDIA"). A MDIA organizes a pool of seasoned individuals - called "mentors" - to help new companies. An obvious organizational strategy would be to contract with mentors. Mentors instead voluntarily assist. Legal studies of norm-based exchanges do not explain what this Article calls the "mentorship conundrum" - i.e., the puzzling motivation of a mentor to volunteer within otherwise for-profit environments. This Article is the first to bridge the insights of generalized …