Contracts Commons^™

The Green To Blue Pipeline: Defense Contractors And The Police Industrial Complex, Karena Rahall

Cardozo Law Review

Images of police in tactical gear, pointing automatic weapons at unarmed demonstrators in Ferguson, Missouri, represented a flashpoint in public awareness that American police are rapidly militarizing. Federal grants have been quietly arming police with tanks, drones, and uniforms more suited to waging war than patrolling the streets. As police have acquired more military gear, Special Weapons and Tactics teams and deployments have proliferated. Even small towns receive surplus military materiel to fight the "wars" on drugs and terrorism. In addition, police training uses a military approach that threatens to transform the traditional police mandate of protecting and serving into …

Payday Lenders, Vehicle Title Loans, And Small-Value Financing: The Cfpb's Proposal To Regulate The Fringe Economy, Christopher K. Odinet

Faculty Scholarship

The market for payday lenders, businesses that provide vehicle title loans, and other small-value financing players is rife with controversy. Some see them as predatory lenders that weave a web of never-ending debt designed to capture the weakest and most economically vulnerable of society. However, advocates of these financial institutions argue that for many Americans who are otherwise shut out of the conventional lending market, these players provide the only viable source of credit in times of economic hardship. Whatever the view, these businesses, their borrowers, and the credit markets that they together comprise are often referred to in legal …

Drummond Financial Services Llc, Interlocutory Injunction Order, John Goger

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

No abstract provided.

European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers, Elizabeth Grant Kline

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher

Georgia Journal of International & Comparative Law

No abstract provided.

Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation, Robert J. Augustine

Georgia Journal of International & Comparative Law

No abstract provided.

Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo

Pace International Law Review

This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment found in CISG Article 79. The question posed in this analysis is whether the word “impediment” relates only to the occurrences of force majeure, impossibility and frustration of purpose events or if it also includes changed circumstances, impracticability and hardship events. For purposes of simplicity, the first set of excuse or exemption doctrines will be analyzed under the heading of “impossibility” and the second set will …

The Conformity Of The Goods To The Contract In International Sales, Villy De Luca

Pace International Law Review

The present article aims to provide a general overview on the issue of conformity of the goods to the contract as regulated by Article 35 of the Convention on Contracts for the International Sales of Goods (“CISG”).

The analysis will focus on Article 35 CISG and, after having retraced the history that led to the current formulation of the provision, will concentrate on the implications following the adoption of a “unitary” notion of conformity. The evaluation will proceed focusing on the single express and implied conformity obligations covered, respectively, in the first and second paragraphs of Article 35 CISG.

The …

Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann

Pace International Law Review

This article is the first in a series of articles attempting to provide a geographical and temporal overview of the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this first article, the success of CISG is explored. The article develops the idea of using the Albert H. Kritzer Database to achieve an overview of the success of the Convention in practice. It is argued that the success of the Convention is useful to measure by its uniformity in practice, and therefore a set of criteria relating to the Convention’s application by …

Bennett L. Kight Et Al., Order, Melvin K. Westmoreland

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

No abstract provided.

Viken Securities Limited, Order Granting Plaintiffs' Motion For Summary Judgment On All Defendants' Counterclaims, Melvin K. Westmoreland

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

No abstract provided.

Viken Securities Limited, Order Granting Defendants' Motion For Summary Judgment And Denying Plaintiffs' Motion For Partial Summary Judgement As To Counts I & Ii, Melvin K. Westmoreland

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

No abstract provided.

Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties, Cindy Noles

Georgia Journal of International & Comparative Law

No abstract provided.

Conflict Of Laws In Arbitration Agreements Between Developed And Developing Countries, Mary Kathryn Lynch

Georgia Journal of International & Comparative Law

No abstract provided.

The Choice Of Law Clause In Contracts Between Parties Of Developing And Developed Nations, Alice M. Vickers

Georgia Journal of International & Comparative Law

No abstract provided.

Symposium - Conflicts Of Law In Contracts Between Developed And Developing Nations, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.

Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa

Georgia Journal of International & Comparative Law

No abstract provided.

Judicial Treatment Of California’S Anti-Deficiency Legislation Section 580b: Is It Effective?, Cole F. Morgan

The Journal of Business, Entrepreneurship & the Law

Short sales of real property represent approximately a quarter of all homeowner transactions. Recently, short sales passed foreclosures as the preferred method in home sales due to the ease of sale. Coker v. JP Morgan Chase Bank, N.A., has ruled lenders of a purchase-money mortgage may not pursue a deficiency judgment after the short sale of a home. Essentially, this means after the sale is completed and the lender has obtained the proceeds from the sale, if there is a deficiency, they may not personally hold the borrower liable for the remaining debt of the mortgage. The ruling was established …

Mainstreaming Employment Contract Law: The Common Law Case For Reasonable Notice Of Termination, Rachel Arnow-Richman

Florida Law Review

This Article simultaneously exposes a fundamental error in employment termination doctrine and a paradox in contract law jurisprudence. Contemporary employment law has developed under the assumption that at-will parties may terminate their relationship both without reason and without notice. This Article argues that the second half of this formulation—the idea that parties reserve the procedural right to terminate without notice—is neither historically supported nor legally correct. Employment at will, as originally expressed, was a mere duration presumption reflecting America’s rejection of the predominant British rule favoring one-year employment terms. While subsequent case law expanded the presumption in various ways, a …

Unbundling Procedure: Carve-Outs From Arbitration Clauses, Christopher R. Drahozal, Erin O'Hara O'Connor

Florida Law Review

A rich literature analyzes how parties choose between courts and arbitration. Within this literature, scholars traditionally assume that sophisticated parties make a single choice between courts and arbitration based on the bundle of dispute resolution services that seems most appealing ex ante. As with the literature on bundling generally, however, legal scholars are increasingly focusing their attention on the unbundling of court and arbitral procedures—that is, the ability of parties to contract for à la carte or customized dispute resolution procedures in court and arbitration. While such unbundling is common ex post, i.e., after a dispute arises, most …

"Sophisticated Robots": Balancing Liability, Regulation, And Innovation, F. Patrick Hubbard

Florida Law Review

Our lives are being transformed by large, mobile, "sophisticated robots" with increasingly higher levels of autonomy, intelligence, and interconnectivity among themselves. For example, driverless automobiles are likely to become commercially available within a decade. Many people who suffer physical injuries from these robots will seek legal redress for their injury, and regulatory schemes are likely to impose requirements on the field to reduce the number and severity of injuries.

This Article addresses the issue of whether the current liability and regulatory systems provide a fair, efficient method for balancing the concern for physical safety against the need to incentivize the …

A Corporation's Securities Litigation Gambit: Fee-Shifting Provisions That Defend Against Fraud-On-The-Market, Steven W. Lippman

University of Richmond Law Review

Part I discusses the current landscape of securities class action litigation. It explains how and why the suits are initiated and dis­ cusses the outcome of Halliburton Co. v. Erica P. John Fund, Inc. (HalliburtonII).19 PartII discusses the framework for the proposi­tion of this comment. It provides a brief history of significant cas­ es and incorporates several recent cases that have opened the door to the possibility of implementing fee-shifting clauses. It concludes with a comparison to other contractual provisions cur­ rently being implemented by corporations and also analyzes fee­ shifting provisions under federal preemption. Part III explains why implementing …

Commerce, Commonality, And Contract Law: Legal Reform In A Mixed Jurisdiction, Christopher K. Odinet

Faculty Scholarship

This Article explores the tradition/reform dichotomy as it exists in certain jurisdictions that, because of their unique history and nature, are particularly susceptible to the struggle between legal tradition and legal reform — mixed jurisdictions. In order to more closely examine the tradition/reform dichotomy and its theoretical and practical effects, this Article analyzes the role that traditional legal institutions play in the legal reform process through the lens of America’s lone mixed jurisdiction — Louisiana.

By exploring Louisiana’s subtle, yet prevalent, anchor-like legal conundrum caused by the struggle between progress and tradition — the process of mooring oneself to existing …

A Comparison Of Milestone-Based And Buyout Options Contracts For Coordinating R&D Partnerships, Shantanu Bhattacharya, Vibha Gaba, Sameer Hasija

Research Collection Lee Kong Chian School Of Business

We analyze optimal contractual arrangements in a bilateral research and development (R&D) partnership between a risk-averse provider that conducts early-stage research followed by a regulatory verification stage and a risk-neutral client that performs late-stage development activities, including production, distribution, and marketing. The problem is formulated as a sequential investment game with the client as the principal, where the investments are observable but not verifiable. The model captures the inherent incentive alignment problems of double-sided moral hazard, risk aversion, and holdup. We compare the efficacy of milestone-based options contracts and buyout options contracts from the client's perspective and identify conditions under …

Good Faith: Helping Commercial Parties Or Creating An Unnecessary Burden?, Ee-Ing Ong

Research Collection Yong Pung How School Of Law

One of the challenges facing Asian legal systems in the coming years is whether the courts should impose a general duty of good faith in contracts. The doctrine of good faith has been making inroads in various common law jurisdictions, most recently in Canada where the Supreme Court held in Bhasin v. Hrynew, 2014 SCC 71 that there was a duty of honest performance in all contracts. The idea behind imposing a duty of good faith in all contracts is to ensure that parties essentially “play fair” in contract negotiations and/or performance. However, is such a duty really necessary for …

The Convention On Contracts For The International Sale Of Goods And The General Conditions For The Sale Of Goods, H. Lalla Shishkevish

Georgia Journal of International & Comparative Law

No abstract provided.

Jeanne Viator, Order On Defendant Tom Woodward’S Renewed Partial Motion To Dismiss, Or Alternatively, Motion For A More Definite Statement, And Motion To Strike, Alice D. Bonner

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

No abstract provided.

Too Clever By Half: Reflections On Perception, Legitimacy, And Choice Of Law Under Revised Article 1 Of The Uniform Commercial Code, Mark Edwin Burge

William & Mary Business Law Review

The overwhelmingly successful 2001 rewrite of Article 1 of the Uniform Commercial Code was accompanied by an overwhelming failure: proposed section 1-301 on contractual choice of law. As originally sent to the states, section 1-301 would have allowed non-consumer parties to a contract to select a governing law that bore no relation to their transaction. Proponents justifiably contended that such autonomy was consistent with emerging international norms and with the nature of contracts creating voluntary private obligations. Despite such arguments, the original version of section 1-301 was resoundingly rejected, gaining zero adoptions by the states before its withdrawal in 2008. …

Courts Gone “Irrationally Biased” In Favor Of The Federal Arbitration Act?—Enforcing Arbitration Provisions In Standardized Applications And Marginalizing Consumer-Protection, Antidiscrimination, And States’ Contract Laws: A 1925–2014 Legal And Empirical Analysis, Willy E. Rice

William & Mary Business Law Review

Spanning nearly forty years, the Supreme Court has issued multiple decisions and stated categorically that “judicial hostility to arbitration” was the sole impetus behind Congress’s decision to enact the Federal Arbitration Act of 1925. In fact, before the FAA, systemic trade-specific problems and practices generated heated disputes and widespread litigation among merchants and trade organizations. Thus, to arrest those constituents’ concerns, Congress enacted the FAA. Briefly, under the FAA section 2, arbitration is mandatory if a contractual arbitration provision is valid and a controversy “arises out of the contract.” However, common-law rules of contract formation are equally clear: Standing alone, …

Bernard H. Bronner, Order On Plaintiff's Motion To Dismiss, Melvin K. Westmoreland

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

No abstract provided.