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Contracts Commons™

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2002

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Institution
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Articles 61 - 72 of 72

Full-Text Articles in Contracts

The Rise And Fall Of Article 2, Robert E. Scott Jan 2002

The Rise And Fall Of Article 2, Robert E. Scott

Faculty Scholarship

In August 13,2001 the National Conference of Commissioners on Uniform State Laws voted eighty-nine to fifty-three to reject the Amendments to Article 2 of the Uniform Commercial Code that had just been approved in May by the American Law Institute. The vote followed a last minute effort by the Article 2 drafting committee to amend the scope provisions of Article 2 in response to continuing criticism from representatives of the software and information industries. Several months later, at the request of the NCCUSL leadership, amended Article 2 with its revised scope provision was withdrawn from the agenda of the ALI …

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Contract Law, Andrew Phang Jan 2002

Contract Law, Andrew Phang

Research Collection Yong Pung How School Of Law

As expected, the number of Singapore cases during the year under review impacting the law of contract is enormous. As I have mentioned in previous reviews, this is due to the fact that the law of contract permeates virtually all areas of the law of obligations – and, on occasion, beyond as well. I will therefore adopt the approach which has been adopted during previous years: which is to focus, in the main, on general principles. There have – as we shall see – been a few cases that are of especial significance. Not surprisingly, given the fact that the …

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Mistake In Contract Law —Two Recent Cases, Andrew Phang Jan 2002

Mistake In Contract Law —Two Recent Cases, Andrew Phang

Research Collection Yong Pung How School Of Law

The doctrine of mistake in contract law has had a chequered history. Indeed, its very existence has been questioned (see, e.g., Slade, (1954) 70 L.Q.R. 385 and Atiyah and Bennion, (1961) 24 M.L.R. 421). But, like a bad penny that will not go away, the doctrine remains stubbornly embedded in the contractual landscape and has in fact witnessed a small revival of sorts in recent years (see, e.g., Clarion Ltd. v. National Provident Institution [2000] 2 All E.R. 265 (noted Phang, (2002) 1 J.O.R. 21)).

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On Justificiation And Method In Law Reform: The Contracts (Rights Of Third Parties) Act 1999, Andrew Phang Jan 2002

On Justificiation And Method In Law Reform: The Contracts (Rights Of Third Parties) Act 1999, Andrew Phang

Research Collection Yong Pung How School Of Law

The present article, whilst focusing on the English Contracts (Rights of Third Parties) Act 1999, does not canvass the more specific details of that Act which have been dealt with quite comprehensively elsewhere. The focus of this article is broader and is dual in nature. It will examine, first, the justification for the 1999 Act and, in particular, attempts to respond to the critique that the Act is wholly anathema to the underlying justification of the doctrine of privity itself. It will also consider whether or not the 1999 Act is an effective improvement over the existing (as well as …

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Consenting To Form Contracts, Randy E. Barnett Jan 2002

Consenting To Form Contracts, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In this essay, I will identify one theoretical source of the common antipathy towards form contracts and why it is misguided. I contend that the hostility towards form contracts stems in important part from an implicit adoption of a promise-based conception of contractual obligation. I shall maintain that, when one adopts (a) a consent theory of contract based not on promise but on the manifested intention to be legally bound and (b) a properly objective interpretation of this consent, form contracts can be seen as entirely legitimate-though some form terms may properly be subject to judicial scrutiny that would be …

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Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron Jan 2002

Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron

Scholarly Works

No abstract provided.

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Express Warranty As Contractual - The Need For A Clear Approach, Sidney Kwestel Jan 2002

Express Warranty As Contractual - The Need For A Clear Approach, Sidney Kwestel

Scholarly Works

No abstract provided.

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Filmmakers Beware: Protecting Profits Through International Licensing Agreements, Harris E. Tulchin Jan 2002

Filmmakers Beware: Protecting Profits Through International Licensing Agreements, Harris E. Tulchin

Vanderbilt Journal of Entertainment & Technology Law

The discussion that follows provides a description of the typical license terms and a more in-depth treatment of three areas of primary importance to the agreement: (1) release requirements; (2) licensed rights terms; and (3) payment obligations. The agreement usually begins with a short description of the particular motion picture licensed, the title, and the key creative elements such as its stars, director, writer, and producer. It states the country or territory to which the motion picture is licensed. The agreement will generally provide for an overall term of a number of years from the availability of certain delivery materials, …

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Contract Law: As Clear As Mud: The Demise Of The Covenant Not To Compete In Oklahoma, Jeb Boatman Jan 2002

Contract Law: As Clear As Mud: The Demise Of The Covenant Not To Compete In Oklahoma, Jeb Boatman

Oklahoma Law Review

No abstract provided.

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"Money Can't Buy Me Love": A Contrast Between Damages In Family Law And Contract, Margaret F. Brinig Jan 2002

"Money Can't Buy Me Love": A Contrast Between Damages In Family Law And Contract, Margaret F. Brinig

Journal Articles

As my contribution to this symposium in David's honor, I submit the law and economics section of the damages chapter of our joint enterprise, Understanding Contracts. Because of David's failing health, my own involvement with the publisher never reached contract stage. The chapter concludes with a problem that illustrates some of the intricacies of mixing family law and contract. David and I grappled for some time with the answer to the problem, coming at it from our different points of view. On one occasion, David, with a twinkle, told me there was only one place where I was "absolutely wrong." …

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Promises, Trust, And Contract Law, Anthony J. Bellia Jr. Jan 2002

Promises, Trust, And Contract Law, Anthony J. Bellia Jr.

Journal Articles

The need for individuals to be able to trust that promises will be performed is central to justifying a law that renders certain promises enforceable. This Article argues that the legal enforcement of certain promises to meet this need does not necessarily diminish the personal relationships of trust in which such promises are made, as has been argued. Rather, this Article argues, the making and performance of legally enforceable promises can assist individuals in building relationships of trust, as it assists them in the pursuit of myriad goods.

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Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward Rock Jan 2002

Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward Rock

Cardozo Law Review

What functions does the existing mandatory disclosure system serve? In this Article, I argue that the existing SEC system can be understood as providing issuers with a mechanism for making a credible commitment to high quality, comprehensive disclosure for an indefinite period into the future. This credible commitment device is particularly useful to new domestic issuers and to foreign issuers seeking to tap the U.S. capital markets. This credible commitment justification explains the striking but little discussed practical and formal asymmetry between the ease of entry into the SEC system and the difficulty of exit from it. I then consider …

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