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Articles 61 - 64 of 64
Full-Text Articles in Contracts
Commentary On 'The Renegotiation Of Contracts', Howard Hunter
Commentary On 'The Renegotiation Of Contracts', Howard Hunter
Research Collection Yong Pung How School Of Law
Professor John Carter has identified a theme of growing importance in commercial transactions, especially as the number of those that are long in duration and that cross political or cultural lines increases. It is difficult under the best of circumstances ex ante to negotiate for all contingencies in a dynamic economy. Allowing, or requiring, post hoc renegotiations every time there is a change in circumstances could reduce substantially the utility of contract as a risk allocation device that provides some measure of privately ordered certainty unless the use of post hoc renegotiation is carefully circumscribed.
Commentary On 'Assignment Of Contractual Burdens', Howard Hunter
Commentary On 'Assignment Of Contractual Burdens', Howard Hunter
Research Collection Yong Pung How School Of Law
Professor Michael Furmston begins his fine paper with the statement that ‘Contract textbooks treat it as axiomatic that contractual burdens cannot be assigned’. This commentary can begin with the equally forceful statement that contract textbooks in the United States treat as axiomatic the proposition that most contractual burdens can be freely assigned.
Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels
Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels
Faculty Scholarship
No abstract provided.
Notice And Notification Under The Revised Uniform Partnership Act: Some Suggested Changes, J. Dennis Hynes
Notice And Notification Under The Revised Uniform Partnership Act: Some Suggested Changes, J. Dennis Hynes
Publications
This Article addresses the decision by the drafters of the revised Uniform Partnership Act (1996) (RUPA) to reduce the traditional defenses available to partnerships in apparent authority cases. RUPA eliminated the requirement that apparent authority claims against a partnership be based on the claimant's reasonable expectations. Under RUPA a partnership is liable for a partner's unauthorized act even when the claimant had reason to know the act was unauthorized. A defense based on the claimant's knowledge is effective only when the claimant actually knows--is cognitively aware--that the act was unauthorized. This Article argues that this places an unfair burden on …