Contracts Commons^™

Don't Bet On It: Casino's Contractual Duty To Stop Compulsive Gamblers From Gambling, Irina Slavina

Chicago-Kent Law Review

To address the problem of compulsive gambling, most states with commercial casinos have enacted statewide self-exclusion programs—a mechanism by which patrons petition to be physically removed from a casino if they are discovered on the premises. The casinos in the remaining states voluntarily instituted facility-based programs to assist problem gamblers in fighting their addiction.

But besides having any intended effect, these programs provided gamblers with a new ground for lawsuits—breach of contract. This note argues that neither states nor individual casinos should be liable to self-excluded patrons for breach of contract, even if they enter a casino and lose money …

Effective Use Of Non-Reliance Clauses: Satisfying Lowe V Lombank, Kee Yang Low

Research Collection Yong Pung How School Of Law

The inclusion in contracts of “non-reliance” clauses, as a means of pre-empting assertions of misrepresentation, has become commonplace. The validity and effectiveness of such clauses is another matter. This article discusses how a non-reliance clause may act as an evidential estoppel.

In Re The Estate Of Avonne Goss, 2008 P 05, (Blkft. Tr. Ct. App., Nov. 4, 2009), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals the Court answered the question to whether the “Bill of Sale” of a home from Avonne Goss to Robbin Goss, for the sum of $1, constituted a valid legal document. The Court determined that the home will remain in full ownership of Robbin Goss and the Bill of Sale for $1 was a valid legal document.

A Pragmatic Defense Of Contract Law, Nathan B. Oman

Faculty Publications

No abstract provided.

Terms Subject To Change: Assent And Unconscionability In Contracts That Contemplate Amendment, Daniel Watkins

Cardozo Law Review

No abstract provided.

The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Mik

Research Collection Yong Pung How School Of Law

The ‘traditional’ classi?cation into ‘instantaneous’ and ‘non-instantaneous’ methods of communication must be abandoned. As all Internet transmissions are instantaneous, the choice between the principle of receipt and the postal exception must be based on other criteria. The focus must be shifted from communication devices to the characteristics of the communication process. The latter resembles either dealings face-to-face or dealings at a distance. This simple division should remain the basis for all analyses. Instantaneity and control are two of many characteristics of face-to-face dealings and are not the only factors to be taken into account when making the choice between the …

In Re Sigma Finance Corporation (In Administrative Receivership) And In Re The Insolvency Act 1986 [2009] Uksc 2 (29 Oct 09): Commentary, Chao-Hung Christopher Chen

Research Collection Yong Pung How School Of Law

The case of Sigma Finance Corp was about the priority of payment under a Security Trust Deed for a structured investment vehicle (SIV). In essence, the key issue in the case was about whether debts due within the ‘realisation period’ after the occurrence of an ‘enforcement event’ should be paid ahead of other shortterm creditors.

Sigma Finance Corporation And In Re The Insolvency Act 1986 [2009] Uksc 2 (Contract, Contractual Terms): Commentary, Chao-Hung Christopher Chen

Research Collection Yong Pung How School Of Law

The case of Sigma Finance Corp1 was about the priority of payment under a Security Trust Deed for a structured investment vehicle (SIV). In essence, the key issue in the case was about whether debts due within the ‘realisation period’ after the occurrence of an ‘enforcement event’ should be paid ahead of other short-term creditors.

Civil Practice And Procedure, Hon. Jane Marum Roush

University of Richmond Law Review

No abstract provided.

Intent To Contract, Gregory Klass

Georgetown Law Faculty Publications and Other Works

There is a remarkable difference between black-letter contract laws of the United States and England. In England, the existence of a contract is supposedly conditioned on the parties' intent to be legally bound, while section 21 of the Second Restatement of Contracts states that "[n]either real nor apparent intention that a promise be legally binding is essential to the formation of a contract." There are also differences within U.S. law on the issue. While section 21 describes courts' approach to most contracts, the parties' intent to contact can be a condition of validity of preliminary agreements, domestic agreements and social …

On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit, Stolt-Neilsen S.A., V. Animalfeed International, No. 08-1198 (U.S. Oct. 20, 2009), Cornelia T. Pillard

U.S. Supreme Court Briefs

No abstract provided.

Echoes Of The Impact Of Webb V. Mcgowin On The Doctrine Of Consideration Under Contract Law: Some Reflections On The Decision On The Approach Of Its 75th Anniversary, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis Of Physician Non-Compete Clauses, Robert E. Steinbuch

Law Faculty Scholarship

No abstract provided.

From Feudal Land Contracts To Financial Derivatives: The Treatment Of Status Through Specific Relief, John J. Chung

Law Faculty Scholarship

No abstract provided.

Failure Of A "Basic Assumption": The Emerging Standard For Excuse Under Mae Provisions, Nathan Somogie

Michigan Law Review

The onset of the current economic crisis has led many strategic and financial acquirers to reconsider the desirability of transactions to which they had previously agreed. Because many of these agreements contain substantial termination fees, buyers have increasingly sought to be excused from their contractual obligations by invoking Material Adverse Effect ("MAE") provisions. Reliance on MAE clauses as a basis for termination has historically been risky due to a lack of clarity in the case law regarding the standard for excuse under such provisions. A recent decision by the Delaware Chancery Court, Hexion v. Huntsman, the third in a …

Vol. Ix, Tab 42 - Ex. 1 - Reporter's Transcript, Motions Hearing, September 18, 2009, United States District Court For The Eastern District Of Virginia

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Summary Of Dobron V. Bunch, 125 Nev. Adv. Op. No. 36, Kathleen Wilde

Nevada Supreme Court Summaries

An appeal from an Eighth Judicial District Court award of attorney fees stemming from a guaranty agreement.

Fighting For Respect: Mma's Struggle For Acceptance And How The Muhammad Ali Act Would Give It A Sporting Chance, Geoff Varney

West Virginia Law Review

No abstract provided.

Maybe Dick Speidel Was Right About Court Adjustment, Robert A. Hillman

Cornell Law Faculty Publications

In a symposium to honor Professor Richard Speidel, a giant in the field of contract and commercial law for over four decades, this contribution argues that Speidel may have been correct in asserting that, in limited circumstances, court adjustment of disrupted long-term contracts makes sense. I assert that nothing courts have decided or writers have analyzed since the ALCOA case proves that court adjustment is wrong-headed. But, as with so many policy issues, we may never identify the "best" judicial approach to disrupted long-term contracts because resolution depends on too many variables and unknowns.

Inducing Breach Of Contract, Conversion And Contract As Property, Pey Woan Lee

Research Collection Yong Pung How School Of Law

This article seeks to understand contractual rights through an examination of the possible ‘property’ content in contracts in the context of the inducement tort and conversion. It argues that, contrary to popular perception, contracts and property are different shades of a similar phenomenon. Not being a reified ‘thing’ with stable features and structure, property is a relative rather than an absolute concept. To determine whether the holder of an intangible resource ought to be conferred with ‘property’ or exclusive control of access to such resource, one has to evaluate the relevant practical, legal and moral considerations. Applied to the context …

Void Contracts And The Applicability Of Choice Of Law Clauses To Consequential Restitutionary Claims: Cimb Bank Bhd V Dresdner Kleinwort Ltd [2008] 4 Slr 543, Adeline Swee Ling Chong

Research Collection Yong Pung How School Of Law

This note examines the Singapore Court of Appeal’s judgment in CIMB Bank Bhd v Dresdner Kleinwort Ltd, focusing specifically on what role, if any, should be played by a choice of law clause contained in a void contract in relation to the restitutionary aftermath of voidness.

‘Void Contracts And The Applicability Of Choice Of Law Clauses To Consequential Restitutionary Claims: Cimb V Dresdner Kleinwort Ltd [2008] 4 Slr 543, Swee Ling Adeline Chong

Research Collection Yong Pung How School Of Law

This note examines the Singapore Court of Appeal’s judgment in CIMB Bank Bhd v Dresdner Kleinwort Ltd, focusing specifically on what role, if any, should be played by a choice of law clause contained in a void contract in relation to the restitutionary aftermath of voidness.

Interest As Damages, John Y. Gotanda, Thierry J. Sénéchal

Working Paper Series

In this article, we posit that when arbitral tribunals decide international disputes, they typically fail to fully compensate claimants for the loss of the use of their money. This failure occurs because they do not acknowledge that businesses typically invest in opportunities that pose a significantly greater risk than the risk reflected in such commonly used standards as U.S. T-bills and LIBOR rates. Claimants also must share the blame when they do not set out a well-constructed claim for interest as damages. However, even when claimants do so, tribunals often award damages at a statutory rate or at rate reflecting …

Legal Analysis Of Off-Hire Clauses, Li Ma

World Maritime University Dissertations

No abstract provided.

A "Fair Contracts" Approval Mechanism: Reconciling Consumer Contracts And Conventional Contract Law, Shmuel I. Becher

University of Michigan Journal of Law Reform

Consumer contracts diverge from the traditional paradigm of contract law in various conspicuous ways. They are pre-drafted by one party; they cannot be altered or negotiated; they are executed between unfamiliar contracting parties unequal in their market power and sophistication; they are offered frequently by agents who act on behalf of the seller; and promisees (i.e., consumers) do not read or understand them. Consumer contracts are thus useful in modern markets of mass production, but they cast doubt on some fundamental notions of contract law.

To reframe the long-lasting debate over consumer contracts, this Article develops a superior legal regime …

The God Paradox, Joshua A.T. Fairfield

Scholarly Articles

Not available.

Rational Ignorance, Rational Closed-Mindedness, And Modern Economic Formalism In Contract Law, Shawn J. Bayern

Scholarly Publications

This article considers the relevance of several kinds of post-offense events for the justice of punishment under a fair-play account of retributivism. If the justice of punishment depends on something like an offender-centered tally of benefits and burdens, it may be difficult to explain why offenders should be punished by a criminal justice system in situations where they have been punished privately or have lost the relevant benefits they may have received from their offenses.

My fault is past. But, O, what form of prayer
Can serve my turn? 'Forgive me my foul murder?
That cannot be; since I am …

Information Security, Contract And Liability, Jennifer Chandler

Chicago-Kent Law Review

Various common provisions in software end user license agreements undermine cyber security. These include anti-benchmarking provisions and broad exclusions of liability. These short comments suggest that courts and legislatures should take steps to limit the enforceability of contractual provisions that undermine cyber security.

Foreword: Fault In American Contract Law, Omri Ben-Shahar, Ariel Porat

Michigan Law Review

The basic rule of liability in tort law is fault. The basic rule of liability in contract law is no fault. This is perhaps one of the most striking divides within private law, the most important difference between the law of voluntary and nonvoluntary obligations. It is this fault line (speaking equivocally) that the present Symposium explores. Is it a real divide-two opposite branches of liability within private law-or is it merely a rhetorical myth? How can it be justified? As law-and-economics scholars, this fault/no-fault divide between contract and tort is all the more puzzling. In law and economics, legal …

Let Us Never Blame A Contract Breaker, Richard A. Posner

Michigan Law Review

Holmes famously proposed a "no fault" theory of contract law: a contract is an option to perform or pay, and a "breach" is therefore not a wrongful act, but merely triggers the duty to pay liquidated or other damages. I elaborate the Holmesian theory, arguing that fault terminology in contract law, such as "good faith," should be given pragmatic economic interpretations, rather than be conceived of in moral terms. I further argue that contract doctrines should normally be alterable only on the basis of empirical investigations.