Contracts Commons^™

Summary Of Newmar Corp. V. Mccrary, 129 Nev. Adv. Op. 67, Shaina Plaksin

Nevada Supreme Court Summaries

The Court determined whether a purchaser of a motor home may revoke acceptance and recover the purchase price from the motor home’s manufacturer under the Uniform Commercial Code (UCC).

Order On Motion To Strike Expert Reinaldo Pascual (Anatoly Melamud Et Al.), Melvin K. Westmoreland

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Sovereign Debt And The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea Boyack

Faculty Publications

The Three and a Half Minute Transaction: Boilerplate and the Limits of Contractual Design, by Mitu Gulati and Robert E. Scott, is a cautionary tale about modern legal practice where the protagonist is the standard sovereign debt contract. The book discloses an undeniable flaw in sovereign bond boilerplate (the widely used pari passu clause) that, in spite of expensive, sophisticated lawyering, perpetuates a risky disconnect between party intent and contract terms. The fact that boilerplate terms persist even in elite sovereign-lending practices suggests that the problem of over-reliance on standard form language is ubiquitous.When contract terms diverge from client risk …

Rediscovering The Sawyer Solution: Bundling Risk For Protection And Profit, Jeffrey W. Stempel

Scholarly Works

No abstract provided.

Due Date: Enforcing Surrogacy Promises In The Best Interest Of The Child, Browne C. Lewis

Law Faculty Articles and Essays

Professor Lewis argues that the courts should apply contract principles and not family law principles to resolve surrogacy disputes. Since children are unique, Professor Lewis argues, courts should presume that the contract should be specifically enforced. As a result, the intended mother should be adjudicated the legal mother. However, Professor Lewis further argues the the surrogate should be able to present evidence of changed circumstances to rebut the presumption of specific performance and permit the court to determine maternity based upon the best interests of the child.

New Thinking On Commercial Surrogacy, Richard F. Storrow

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Mothering For Money: Regulating Commercial Intimacy, Surrogacy, Adoption,, Pamela Laufer-Ukeles

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel

Vanderbilt Law Review

This Article begins by describing the market for investment in commercial litigationA Litigation-investment transactions share features of existing economic relationships, such as commercial lending, liability insurance, contingent fee-financed representation, and venture capital, but none of these existing practices furnishes a suitable analogy for regulating litigation investment. Like third-party insurance, litigation investment is a way to manage the risk associated with litigation while bringing to bear the particular subject matter expertise of a risk-neutral institutional actor. Insurance companies and litigation investors may be systematically in a better position to reduce the risk of litigation, either through risk pooling or information-cost advantages. …

Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section

Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)

This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.

Program topics include:

• Oil and Gas Leases
• Surface Use Agreements (SUAs)
• Government’s Role in Authorizing Locations for Oil and Gas Development
• Technical Aspects of Nontributary and Produced Nontributary Ground Water
• Produced Nontributary Ground …

Defining The Borders Of Uniform International Contract Law: The Cisg And Remedies For Innocent, Negligent, Or Fraudulent Misrepresentation, Ulrich G. Schroeter

Villanova Law Review (1956 - )

No abstract provided.

Principles Of Asian Contract Law: An Endeavor Of Regional Harmonization Of Contract Law In East Asia, Shiyuan Han

Villanova Law Review (1956 - )

No abstract provided.

Hypothetical Efficiency Is Not Grounds For Breach, Daniel M. Isaacs

West Virginia Law Review

The law does not approve of the efficient breach of contract; it merely provides or fails to provide remedies. Although there are situations where the law implies contract terms, there is no basis for an implied covenant of efficiency. Hypothetical contracts, purporting to incorporate a release where the cost of performance to the promisor exceeds its value to the promisee, cannot be used to bind people to results, even efficient ones, to which they did not agree. Where it is inefficient to demand performance, flexibility should come from the promisee who, having received in trust the power to limit the …

Who Needs A Uniform Contract Law, And Why?, Ingeborg Schwenzer

Villanova Law Review (1956 - )

No abstract provided.

Applicable Law, The Cisg, And The Future Convention On International Commercial Contracts, Pilar Perales Viscasillas

Villanova Law Review (1956 - )

No abstract provided.

Attorneys' Fees -- Last Ditch Stand?, Bruno Zeller

Villanova Law Review (1956 - )

No abstract provided.

Possible Future Work By Uncitral In The Field Of Contract Law: Preliminary Thoughts From The Secretariat, Renaud Sorieul, Emma Hatcher, Cyril Emery

Villanova Law Review (1956 - )

No abstract provided.

The Intrepretation In Mexico Of The United Nations Convention On Contracts For The International Sale Of Goods, Alejandro Osuna-Ganzalez

Villanova Law Review (1956 - )

No abstract provided.

Cisg And Upicc As The Basis For An International Convention On International Commercial Contracts, Jan Ramberg

Villanova Law Review (1956 - )

No abstract provided.

A New Global Initiative On Contract Law In Uncitral: Right Project, Right Forum?, Keith Loken

Villanova Law Review (1956 - )

No abstract provided.

Unidroit Principles As A Source For Global Sales Law, Henry Deeb Gabriel

Villanova Law Review (1956 - )

No abstract provided.

An Overview Of The Cisg And An Introduction To The Debate About The Future Convention, Michael Bridge

Villanova Law Review (1956 - )

No abstract provided.

The Soft Law Approach To Unification Of International Commercial Contract Law: Future Perspectives In Light Of Unidroit's Experience, Anna Veneziano

Villanova Law Review (1956 - )

No abstract provided.

Article 35 Of The Cisg: Reflecting On The Present And Thinking About The Future, Djakhongir Saidov

Villanova Law Review (1956 - )

No abstract provided.

An Assessment Of The Convention On The Limitation Period In The International Sale Of Goods Through Case Law, Luca G. Castellani

Villanova Law Review (1956 - )

No abstract provided.

Law Wars: Australian Contract Law Reform Vs. Cisg Vs. Cesl, Lisa Spagnolo

Villanova Law Review (1956 - )

No abstract provided.

Cisg As Basis Of A Comprehensive International Sales Law, Larry A. Dimatteo

Villanova Law Review (1956 - )

No abstract provided.

Contractual Interpretation In Indian Evidence Act Jurisdictions: Compatibility With Modern Contextual Approach, Yihan Goh

Research Collection Yong Pung How School Of Law

This paper examines the approaches towards contractual interpretation taken by Commonwealth jurisdictions governed by the Indian Evidence Act. While some of these jurisdictions import the modern contextual approach into their domestic approaches, it will be argued that it is largely compatible with the Indian Evidence Act. In particular, it will be shown that a limited adoption of the modern contextual approach is permissible, namely one involving the limited admissibility of extrinsic evidence to interpret contracts, subject to the requirement of ambiguity. An integrated approach may represent the best way of following the modern contextual approach, while remaining faithful to the …

Australia's Proposed Exercise In Contract Law Reform: International Convergence And Regional Implications, Basil C. Bitas

Research Collection Yong Pung How School Of Law

In July 2012, the Australian Attorney-General’s Department began soliciting comment regarding the best way to reform Australian contract law to render it more suitable for the demands of 21st century commerce. The effort marks an appreciation of the changing commercial environment and challenges the traditional common law preference for piecemeal, organic reform through case law. The proposed effort has implications for the global convergence of legal systems and further poses practical questions as to what form any such contractual reform should take. Codification in the European, civil law sense is a possible but unlikely outcome. A persuasive but non-binding restatement …

Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein

Cardozo Law Review

The market for public-private contracting is huge and flawed. Privatization proponents predict that privatizing will both cut costs and improve service quality. But public-private contracts for services such as prisons and welfare administration tend to result in cost savings at the sacrifice of quality service. For instance, to cut costs, private prisons skimp on security. Public law scholars have studied these problems for decades and have proposed various public law solutions. But the literature is incomplete because it does not approach the problem through a commercial lens. This Article fills that gap by applying contract-theory principles to public-private contracting.

It …

Summary Of Khan V. Bakhsh, 129 Nev. Adv. Op. 57, Sara Stephan

Nevada Supreme Court Summaries

Appeal of the district court’s order excluding the use of extrinsic evidence under the statute of frauds. The Court held that the statute of frauds does not apply to a writing that is subsequently lost or destroyed, and oral evidence is admissible to prove the existence and terms of that lost or destroyed writing. The Court reversed and remanded the lower court’s decision for further proceedings.