Contracts Commons^™

Water Resources Allocation: Reclaiming Municipal Wastewater For Agricultural Use: Outline, Robert C. Kerr

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

26 pages (includes illustrations).

Doing Business On An Indian Reservation: Can The Non-Indian Enforce His Contract With The Tribe?, Richard M. Grimsrud

BYU Law Review

No abstract provided.

Newsletter Vol.9 No.2 1981, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Franchise Regulation: Comprehensive State Regulation Now Unnecessary, Robert C. Downs

Faculty Works

Since 1970, there has been an epidemic of state regulatory activity con­cerning the sale of franchises and business opportunities. In addition to those states which actually have adopted franchise regulation statutes, several state legislatures currently are considering pending legislation. Undoubtedly, other states, including Missouri, soon will have the opportunity to protect their un­suspecting citizens from the risks believed to be inherent in the franchising industry.

Nor has the franchising business gone unnoticed by the federal govern­ment. On December 21, 1978, the Federal Trade Commission (FTC) published its rule 436, entitled "Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures." …

Fun And Games In The First Year: Contracts By Roleplay, Kenney Hegland

Journal of Legal Education

No abstract provided.

The New Social Contract: An Inquiry Into Modern Contractual Relations, Michigan Law Review

Michigan Law Review

A Review of The New Social Contract: An Inquiry into Modern Contractual Relations by Ian R. Macneil

A Tale Of Two Laws, Barbara A. Black

Michigan Law Review

A Review of The Rise and Fall of Freedom of Contract by Patrick S. Atiyah

Tax Apportionment Of The Income Of A Unitary Business: An Examination Of Mobil Oil Corp. V. Commissioner Of Taxes Of Vermont, William D. Dexter

BYU Law Review

No abstract provided.

The Impact Of The Mobil Case On Apportionment Of Income, Frank M. Keesling

BYU Law Review

No abstract provided.

Newsletter Vol.9 No.1 1981, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

The Procedural Relationship Between Truth In Lending Disclosure Claims And Creditor Contract Claims, Sara Elwood Cook, Kasey W. Kincaid

Loyola University Chicago Law Journal

No abstract provided.

Contract Law: An Alternative To Tort Law As A Basis For Wrongful Discharge Actions In Illinois, Elizabeth Vranicar Tanis

Loyola University Chicago Law Journal

No abstract provided.

Characteristic Performance -- A New Concept In The Conflict Of Laws In Matters Of Contract For The Eec, Kurt Lipstein

Northwestern Journal of International Law & Business

The concept of "characteristic performance, " used in conflicts law to determine which country's law applies in the absence of an express or implied choice of law, has been incorporated into Article 4 of the Draft Convention on the Law Applicable to Contractual and Non-Contractual Obligations. In this article, Professor Lipstein examines the purpose, history, and criticisms of the concept of "characteristic performance" and concludes by supporting the use by the Member States of characteristic performance as a means of determining the legal system governing the contract as a whole.

The Termination Of Agency And Distributorship Agreements: A Comparative Survey, A.H. Puelinckx, H.A. Tielemans

Northwestern Journal of International Law & Business

The termination of agency agreements in most EEC Member States is regulated by statute, while the termination of distributorship agreements, with the exception of Belgium, is governed by case law. Messrs. Puelinckx and Tielemans first survey the state of the law governing the termination of agency and distributorship agreements in the EEC Member States and then discuss the efforts of the EEC to harmonize the national laws of the Member States in the area of commercial representation. The authors conclude by supporting the EEC harmonization effort relating to the laws regulating agency agreements and by calling for further efforts to …

Reliance In The Revised Restatement: The Proliferation Of Promissory Estoppel, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Labor Law & (And) Employment Discrimination, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Implied Warranties In Ohio Home Sales, Susan B. Brooks

Cleveland State Law Review

The majority of states other than Ohio have rejected the caveat emptor doctrine and adopted an implied warranty of habitability in the sale of new homes, but the irony of this situation is that it was an Ohio case, Vanderschrier v. Aaron, that first recognized implied warranties in the sale of a home. This Note will demonstrate that Ohio should adopt an implied warranty of habitability in the sale of new homes by builder-vendors.

Adjusting The Equities In Franchise Termination: A Sui Generis Approach, Richard A. Greco Jr.

Cleveland State Law Review

The scope of troubled areas in the franchising industry is nearly as broad as the variety of goods and services available through franchised systems. This Note cannot attempt even an overview of all the problems that confront the industry; instead the discussion will focus on one recurring problem within the industry: the rights of the parties engaged in a franchise relation following the termination of that relationship.

Snepp V. United States, Frederick W. Whatley

Cleveland State Law Review

On February 19, 1980. the Supreme Court handed downs its decision in the case of Snepp v. United States. The Court based its decision on the writs of certiorari filed by Snepp and the government. There were no briefs or oral arguments on the merits of the case. The above quotes serve as more than a mere backdrop to the Snepp case. Whether the decision was rendered out of a concern that the actions of persons such as Mr. Agee may lead to the deaths of Central Intelligence Agency (hereinafter sometimes referred to as CIA) operatives, such as Mr. Welch's …

Contracts During The Half-Century Between Restatements, E. Allan Farnsworth

Cleveland State Law Review

In May of 1979, as the sobering seventies drew to a close, I had the privilege of presenting to the membership of the American Law Institute the final chapter of Restatement Second of Contracts. The three volumes of that Restatement have now been published. I shall not hazard a guess as to how it will fare over the next fifty years. I would like instead to use the time we have together to reflect on what has happened in the law of contracts over the course of the half century between the two contracts Restatements- roughly 1930 to 1980.

Misrepresentation In Procurement Of Insurance: The Arkansas Law, D. F. Adams

University of Arkansas at Little Rock Law Review

No abstract provided.

The Art Investment Contract: Application Of Securities Law To Art Purchases, Maureen Holm

Fordham Urban Law Journal

This article examines art transactions as investment contracts. It posits that the art investor could benefit from the same preventive and remedial regulations imposed upon conventional investment transactions, describing and analyzing the five principal types of art transactions. It then explores the substantive concerns facing the art investor and existing protections, in comparison to the protections available to the investor in conventional securities investments. The article then analyzes the proposition that art transactions typically constitute investment contracts in light of Supreme Court decisions on the topic. Finally, the article discusses the current position of the Securities and Exchange Commission ("SEC") …

Products Liability, Whitmore Gray

Book Chapters

The choice of "product liability" as a topic for the Tenth International Congress of Comparative Law was most appropriate. At the present time the legal periodicals are full of articles on this topic, the courts (not only in the United States) are handling an increasing load of these cases, the First World Congress on Product Liability has been held (London, 1977), and unification and harmonization work is already well advanced.

At the time of the First International Comparative Law Congress in 1934 it would have been hard to predict the development of this area of the law out of the …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Carrier Who Employs Stevedore under a Long-Term Contract is Vicariously Liable to Cargo Owner for Stevedore's Mishandling of Cargo even after Unloading and Storage

Vessel Owner Denied Duty Remission because of Procedural Failure in Filings with Customs Service

Wife of Harbor Worker Injured Nonfatally in State Territorial Waters May Maintain Action for Loss of Husband's Society

Corporation may Qualify for Tax Treatment as a Western Hemisphere Trade Corporation even though Incidental Purchases are Made Outside the Hemisphere

Importation or Receipt of Goods from the United States Confirmed by Telex to Plaintiff in United States Insufficient Contacts to Establish Personal Jurisdiction …

A Study Of Uniform Commercial Code Methodology: Contract Modification Under Article Two, Robert A. Hillman

Cornell Law Faculty Publications

A goal of the Uniform Commercial Code is to provide rules that respond to commercial reality so that the intentions of contracting parties will be effectuated. To meet this challenge the U.C.C. was written to allow both certainty and flexibility. In this Article, Professor Hillman examines the Code provisions governing contract modifications. Through a series of hypothetical problems he explores the methodology used by the U.C.C. in attempting to achieve a proper balance between stability and flexibility in contract modification law. He concludes that the Code has not been successful in achieving its goals in this area. The various sections …

Tax Characterization Of International Leases: The Contours Of Ownership, William W. Park

Faculty Scholarship

Pondering the human tendency to pay dearly for short-lived adornments, Shakespeare asks a question of interest to lawyers as well as poets: "Why so large cost, having so short a lease.. .? The lawyer's analysis of the issue might begin with a scenario set in an imaginary world in which the tax effects of business transactions are determined by their legal form rather than their economic substance. In such a world, each of two companies decides to build a new factory. One acquires the land outright, paying in several installments. The other enters into a shortterm lease at a very …

Principles Of Relational Contracts, Charles J. Goetz, Robert E. Scott

Faculty Scholarship

Recent scholarship has demonstrated that a significant proportion of private contracts do not easily fit the presuppositions of classical legal analysis. One reason for this is the pivotal role played in conventional legal theory by the concept of the complete contingent contract. Parties in a bargaining situation are presumed able, at minimal cost, to allocate explicitly the risks that future contingencies may cause one or the other to regret having entered into an executory agreement. Under these conditions, the role of legal regulation can be defined quite precisely. Once the underlying rules policing the bargaining process have been specified, contract …

Negotiation Techniques For Warranty And Enforcement Clauses In International Licensing Agreements, Brian G. Brunsvold

Vanderbilt Journal of Transnational Law

The pre-negotiation planning procedure shows that information for the planning steps is needed from marketing and production personnel, lawyers, researchers, engineers, management, and a licensing specialist. A licensor usually cannot afford to have all of these personnel present at the negotiating sessions. A licensing negotiation proceeds most efficiently when the negotiating team includes people who are familiar with marketing the licensed product and experienced in the technical details of the subject matter to be licensed. A lawyer is also necessary to provide legal advice during negotiations and draft or review the negotiated agreement. There are some situations in which an …

Construction Loan Advances And The Subordinated Purchase Mortgagee: An Appraisal, A Suggested Approach, And The Ulta Perspective, Gerald Korngold

Articles & Chapters

No abstract provided.