Contracts Commons^™

Marquetta Carzell Et Al., Order On Defendants' Motion To Dismiss, Or In The Alternative For Judgment On The Pleadings, John J. Goger

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

No abstract provided.

A Cost Of Doing Business: Defense Contracting Fraud, Shane M. English

Capstones

The federal government relies heavily on outside contractors to provide essential research and services. Following World War II, the Department of Defense and the military began to rely on approved government contractors to develop, test and improve weapons and tools used to keep soldiers and the nation safe.

Defense contracting is a massive business that commands billions of dollars a year. Despite the magnitude of the United States' contracting system, detecting fraud and preventing bad actors from continuing to profit off of the government has proven difficult. The systems at hand: civil and criminal charges, suspension and debarment have consistently …

Purchasing Power, Llc Order On Bluestem Brands, Inc.'S Motion To Dismiss The Tortious Interference And Unjust Enrichment Claims And Plaintiff's Cross-Motion To Strike References To Vacated Summary Judgment Order, Melvin K. Westmoreland

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

No abstract provided.

An "App" For Third Party Beneficiaries, David G. Epstein, Alexandra W. Cook, J. Kyle Lowder, Michelle Sonntag

Washington Law Review

Every year, more than 100 reported court opinions consider the question of whether an outsider can sue for damages under a contract made by others—in part because the law is so ambiguous. While contract enforcement by a third party is controlled largely by the facts of the particular case, it also materially depends upon the relevant legal standards. At present, not just the standards, but also the reasons for these standards, are unclear. Eighty years ago, Lon Fuller, a professor teaching contracts at a then-Southern law school, and William Perdue, a student at that school, significantly clarified and improved decision-making …

Unauthorised Fiduciary Gains And The Constructive Trust, Alvin W. L. See

Research Collection Yong Pung How School Of Law

This article challenges the traditional assumption that all cases of unauthorised fiduciary gain warrant the same legal treatment, in particular the imposition of a constructive trust as a disgorgement remedy. It proposes a method of categorising the cases and ranking them based on the strength of the principal’s interest. It is suggested that in cases where the principal’s interest is not particularly strong, there is room for taking into account the interests of innocent third parties and affording them the necessary protection. For this purpose, the remedial constructive trust supplies the needed flexibility.

From Context To Text In Contractual Interpretation: Is There Really A Problem With The Plain Meaning Rule?, Yihan Goh

Research Collection Yong Pung How School Of Law

Much of the contemporary scholarship on contractual interpretation is staunchly against a textual analysis, by which a court can only depart from the plain meaning of a contract exceptionally. It is therefore no surprise that scholars have reacted negatively to the spate of recent cases where the English courts have re-emphasized the plain meaning of the text in contractual interpretation. Yet one cannot help but wonder whether a textual analysis is really so problematic when courts across the common law world have re-embraced it. Drawing from both theoretical and comparative perspectives, this paper suggests that a focus on the text …

A Renewed Consideration Of Consideration: Mwb Business Exchange Centres Ltd V Rock Advertising Ltd [2016] Ewca Civ 553, Kenny Chng, Yihan Goh

Research Collection Yong Pung How School Of Law

This note argues thatthe English Court of Appeal decision of MWBBusiness Exchange Centres Ltd v Rock Advertising Ltd is a significantmodification of the present understanding of consideration with respect toagreements to accept part-payments of a debt and to perform pre-existing duties,and that the preferred way forward for the development of the law should be judicialintervention by the Supreme Court to reconcile the logical inconsistenciesbetween Foakes v Beer and Williams v Roffey Bros & Nicholls(Contractors) Ltd.

Dong Feng Fang Et Al. Order Denying Plaintiffs' Motion For Partial Summary Judgment As To Liability And Compensatory Damages, Melvin K. Westmoreland

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

No abstract provided.

Newsroom: Guiding Startups Through Legal Pickles 11-14-2016, Jill Rodrigues, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News Guiding Startups Through Legal Pickles: Law Students Launch Artisan Pickler And Other Businesses To Success 11/09/2016, Jill Rodriques

Life of the Law School (1993- )

No abstract provided.

The Logic Of Contract In The World Of Investment Treaties, Julian Arato

Faculty Scholarship

No abstract provided.

Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa

Law School Blogs

No abstract provided.

Corporate And Business Law, Laurence V. Parker Jr.

University of Richmond Law Review

Over the past three years, there have been a number of legislative changes to Virginia's business entity statutes. In Part I,this article highlights the changes to the Virginia Stock Corporation Act ("VSCA") and the Virginia Nonstock Corporation Act ('"VNSCA"). Part II highlights changes to the Limited Liability Company Act ("LLC Act"). Part III summarizes Virginia's new intrastate crowdfunding law. The Supreme Court of Virginia has also addressed several significant issues over the last three years, including the applicability of appraisal rights in a stepped transaction. Part IV reviews several of the significant cases during this period.

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

No abstract provided.

Sound The Alarm: Limitations Of Liability In Alarm Service Contracts, Joshua N. Cohen

Fordham Law Review

Home and business owners increasingly rely on alarm systems to protect against theft and property damage. When a burglary or fire occurs and an alarm service customer discovers that the alarm company negligently failed to call the police or fire department, the customer understandably would expect redress for the company’s failure to provide its service. Many customers would be surprised, though, to discover that an alarm company’s liability is often contractually limited to a relatively token amount unrelated to the cost of the service, even when the alarm company is negligent. Some states view these limitations of liability as exculpatory …

Private Lawmaking In Commercial Cyberspace, Eliza Mik

Research Collection Yong Pung How School Of Law

No discussion of “Law and Technology” would be complete without at least one essay centred on the Internet. While the Internet no longer captures our imagination with the same force as it did 20 years ago, we cannot assume that it no longer creates (or perpetuates?) multiple legal problems. When we talk about the Internet we must, however, refrain from the popular “Internet metanarrative” that often leads to superficial arguments and unhelpful generalisations.1 We must always remain aware of the multiplicity of the Internet’s technical applications and the wide range of legal contexts in which the term gains significance. Discussing …

Piedmont/Maple, Llc Et Al., Order On Plaintiffs' Motion For Summary Judgment On Defendant's Counterclaims, Motion To Exclude Opinion Information And Testimony, And Motion To Strike Affidavit Of David L. Eichenblatt, John J. Goger

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

No abstract provided.

Don’T Share This Item! Developing Digital Collections And Services In A Consumer‐Licensed World, William M. Cross, Darby Orcutt

Charleston Library Conference

Libraries have always faced unique challenges in providing non‐academic content for academic use, but the digital age has brought particular problems of “one size fits all” consumer purchase models and vexing methods of digital rights management (DRM), wrapped up with a large bow of legal uncertainty for many institutions. These proceedings describe some practices for sharing consumer‐licensed popular materials and confronting legal and technical barriers, as well as what some libraries are considering and encountering in applying the law, fair use, user expectations, and common sense in developing collections and services around digital content that is geared directly to end …

Gambling Contract Not Violative Of Public Policy

The Catholic Lawyer

No abstract provided.

Equitrade International, Inc. Et Al., Order, John J. Goger

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

No abstract provided.

Runzhou Zhang Et Al., Final Order And Judgment, Melvin K. Westmoreland

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

No abstract provided.

Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell

Journal of Intellectual Property Law

No abstract provided.

Consumer Preferences For Performance Defaults, Franklin G. Snyder, Ann M. Mirabito

Michigan Business & Entrepreneurial Law Review

Commercial law in the United States is designed to facilitate private transactions, and thus to enforce the presumed intent of the parties, who generally are free to negotiate the terms they choose. But these contracts inevitably have gaps, both because the parties cannot anticipate every situation that might arise from their relationship, and because negotiation is not costless. When courts are faced with these gaps in a litigation context, they supply default terms to fill them. These defaults usually are set to reflect what courts believe similar parties would have agreed to if they had addressed the issue. These “majoritarian” …

Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell

University of Arkansas at Little Rock Law Review

No abstract provided.

Reasonable Standards For Contract Interpretations Under The Cisg, Donald J. Smythe

Cardozo Journal of International and Comparative Law

The United Nations ("UN") Convention on Contracts for the International Sale of Good ("CISG") offers the promise of harmonizing international sales law and facilitating international trade and global commerce. But there is a "homeward trend bias" that may encourage domestic courts to construe the gaps in the CISG broadly and fill them with non-uniform domestic legal rules. Questions about contract interpretation under the CISG raise the same concerns about a homeward trend bias as questions about the interpretation of express CISG provisions. The CISG has express provisions governing contract interpretation but their application may not provide an unambiguous interpretation. This …

A Comparative Study Of Party Autonomy And Its Limitations In International Contracts, Sarah Laval

Cardozo Journal of International and Comparative Law

No abstract provided.

Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgments, Tanya J. Monestier

Journal Articles

It is black-letter law that in order to recognize and enforce a foreign judgment, the rendering court must have had personal jurisdiction over the defendant. While the principle is clear, it is an open question as to whose law governs the question of personal jurisdiction: that of the rendering court or that of the recognizing court. In other words, is the foreign court’s jurisdiction over the defendant governed by foreign law (the law of F1), domestic law (the law of F2), or some combination thereof? While courts have taken a number of different approaches, it seems that many courts regard …

Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan

Faculty Scholarship

In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as property rights granted to encourage desirable innovation. This definition is a misfit as treating patents as property rights does a poor job of defining the limits of the patent rights as well as the public benefit goals of the system. This misfit gradually caused an imbalance in the rights versus duties construct within patent law. After a thorough analysis of the historical and philosophical perspectives of patent exclusivity, this Article …

The Uniform Commercial Code Survey: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne Barnes

Faculty Scholarship

The survey that follows highlights the most important developments of 2015 dealing with domestic and international sales of goods, personal property leases, payments, letters of credit, documents of title, investment securities, and secured transactions. Along with the usual descriptions of interesting judicial decisions in these areas, which are highlighted in the survey, there has also been important legislative progress. The 2010 amendments to U.C.C. Article 9 have been adopted in all fifty states, the District of Columbia, and Puerto Rico. Those revisions were summarized in the Introduction to the 2009 survey. Additionally, the 2012 amendments to U.C.C. Article 4A, which …

Consumer Preferences For Performances Defaults, Franklin G. Snyder, Ann M. Mirabito

Faculty Scholarship

Commercial law in the United States is designed to facilitate private transactions, and thus to enforce the presumed intent of the parties, who generally are free to negotiate the terms they choose. But these contracts inevitably have gaps, both because the parties cannot anticipate every situation that might arise from their relationship, and because negotiation is not costless. When courts are faced with these gaps in a litigation context, they supply default terms to fill them. These defaults usually are set to reflect what courts believe similar parties would have agreed to if they had addressed the issue. These "majoritarian" …