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Articles 31 - 60 of 214
Full-Text Articles in Contracts
Unity And Pluralism In Contract Law, Nathan B. Oman
Unity And Pluralism In Contract Law, Nathan B. Oman
Nathan B. Oman
No abstract provided.
The Need For A Law Of Church And Market, Nathan B. Oman
The Need For A Law Of Church And Market, Nathan B. Oman
Nathan B. Oman
This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …
The Failure Of Economic Interpretations Of The Law Of Contact Damages, Nathan B. Oman
The Failure Of Economic Interpretations Of The Law Of Contact Damages, Nathan B. Oman
Nathan B. Oman
The law of contracts is complex but remarkably stable. What we lack is a widely accepted interpretation of that law as embodying a coherent set of normative choices. Some scholars have suggested that either economic efficiency or personal autonomy provide unifying principles of contract law. These two approaches, however, seem incommensurable, which suggests that we must reject at least one of them in order to have a coherent theory. This Article dissents from this view and has a simple thesis: Economic accounts of the current doctrine governing contract damages have failed, but efficiency arguments remain key to any adequate theory …
Markets As A Moral Foundation For Contract Law, Nathan B. Oman
Markets As A Moral Foundation For Contract Law, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Introductory Remarks: Contract Law And Morality, Nathan B. Oman
Introductory Remarks: Contract Law And Morality, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Indiana And Doux Commerce, Nathan B. Oman
Consent To Retaliation: A Civil Recourse Theory Of Contractual Liability, Nathan B. Oman
Consent To Retaliation: A Civil Recourse Theory Of Contractual Liability, Nathan B. Oman
Nathan B. Oman
In the ancient Near East, contracts were often solemnized by hacking up a goat. The ritual was an enacted penalty clause: “If I breach this contract, let it be done to me as we are doing to the goat.” This Article argues that we are not so far removed from our goat-hacking forbearers. Legal scholars have argued that contractual liability is best explained by the morality of promise making, or by the need to create optimal incentives in contractual performance. In contrast, this Article argues for the simpler, rawer claim that contractual liability consists of consent to retaliation in the …
Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman
Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman
Nathan B. Oman
One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While apparently powerful, this argument ultimately fails because it implicitly assumes theories of the corporation at odds with economic theories of law. Economics, in turn, offers a vision of the firm that is quite hospitable to autonomy theories of contract. The failure …
A Pragmatic Defense Of Contract Law, Nathan B. Oman
A Pragmatic Defense Of Contract Law, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese
Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese
Alan J. Meese
No abstract provided.
Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne
Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne
Christopher Byrne
No abstract provided.
Unintelligent Design In Contract, Peter A. Alces
Unintelligent Design In Contract, Peter A. Alces
Peter A. Alces
Scholars have expended considerable energy in the effort to "discover" a normative theory of Contract. This Article surveys that effort and concludes that something fundamental about Contract has been missed and has frustrated the search from the outset. Succinctly, Contract doctrine resists the neat formulation theory requires. Theorists' perspectives on Contract may be generalized as attempts to impute either deontology or consequentialism to the Contract law. Focusing largely on deontological constructions of Contract, this Article demonstrates the inconsistencies among the extant heuristics-promise, reliance, and transfer-and more importantly, the failure of any of those constructions to provide a coherent explanation of …
They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield
They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield
Peter A. Alces
No abstract provided.
The Moral Impossibility Of Contract, Peter A. Alces
The Moral Impossibility Of Contract, Peter A. Alces
Peter A. Alces
No abstract provided.
Reinventing The Wheel, Marion W. Benfield Jr., Peter A. Alces
Reinventing The Wheel, Marion W. Benfield Jr., Peter A. Alces
Peter A. Alces
No abstract provided.
Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman
Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman
Peter A. Alces
No abstract provided.
Regret And Contract "Science", Peter A. Alces
Reconsidering Consideration In The Restatement (Third) Of Suretyship, Peter A. Alces
Reconsidering Consideration In The Restatement (Third) Of Suretyship, Peter A. Alces
Peter A. Alces
No abstract provided.
On Discovering Doctrine: "Justice" In Contract Agreement, Peter A. Alces
On Discovering Doctrine: "Justice" In Contract Agreement, Peter A. Alces
Peter A. Alces
No abstract provided.
Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne
Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne
Peter A. Alces
No abstract provided.
On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch
On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch
Peter A. Alces
No abstract provided.
Guerilla Terms, Peter A. Alces
Introduction To The Revision Of Article 2 Of The Uniform Commercial Code Symposium, Peter A. Alces
Introduction To The Revision Of Article 2 Of The Uniform Commercial Code Symposium, Peter A. Alces
Peter A. Alces
No abstract provided.
Contract Reconceived, Peter A. Alces
Contract Is Context, Peter A. Alces
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
Peter A. Alces
No abstract provided.
Boilerplate Symposium I: Peter Alces On Consent, Peter A. Alces
Boilerplate Symposium I: Peter Alces On Consent, Peter A. Alces
Peter A. Alces
No abstract provided.
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
Peter A. Alces
No abstract provided.
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts have embraced arbitration so fervently, and therefore case law in this area is marked by tension and conflict. The thesis of this Article is that we can better …
Rose, Llc., V. Treasure Island, Llc., 135 Nev. Adv. Op. 19 (Jun. 6, 2019), Ben Coonan
Rose, Llc., V. Treasure Island, Llc., 135 Nev. Adv. Op. 19 (Jun. 6, 2019), Ben Coonan
Nevada Supreme Court Summaries
The Court found that (1) strict compliance with contract notice requirements is unnecessary if the defaulting party receives actual notice and no prejudice resulted from failure to comply strictly with the contract terms; and (2) a party is not necessary under NRCP 19 unless the other parties to the litigation cannot obtain complete relief in that party’s absence.