Contracts Commons^™

Breach Of Contract, Damage Measures, And Economic Efficiency, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

Damage Measures And Economic Rationality: The Geometry Of Contract Law, Robert L. Birmingham

Articles by Maurer Faculty

The question of damage measures presented by the conscious decision of a promisor to breach a losing contract raises one of the most perplexing conceptual problems in contract law. Recognizing the present inability of the courts rationally to resolve the problem, as illustrated by the opposing decisions in Groves v. John Wunder Company and Peevyhouse v. Garland Coal and Mining Company, the author undertakes to examine the premises of contract law with afresh perspective-economic analysis.

Contract Interference By Previous Employer, Robert I. Bendis

Cleveland State Law Review

Whether or not Bennett was correct in his allegation and whether or not his former employer was justified in its act were the questions presented to the court in the case of William Bennett v. Storz Broadcasting Company. The answers to these questions turned on the court's interpretation of the following issues: what acts constitute actionable interference; was the contract of employment between the plaintiff and the defendant, and/or the negative covenant contained therein, valid; was the existence of a contract crucial or even necessary for an action to lie; could there be any justification for the defendant's acts; and …

How And By Whom May An Offer Be Accepted?, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Actions In Contract Resulting From Aircraft Crashes, Stephen M. Feldman

Cleveland State Law Review

The purpose of this article is to examine possible causes of actions sounding in contract available in cases of death or personal injuries arising out of aircraft crashes. The ability of the plaintiff to sustain an action in contract may have a decisive effect on the outcome of the litigation in any one of the following respects: First, as a general rule the law of the place of the accident governs tort actions, while the law of the place of contracting governs contract actions and for one of several reasons it may be advantageous to the plaintiff to avoid the …

The Law Of Contracts In Communist Countries (Russia, Bulgaria, Czechoslovakia And Hungary), Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Some Problems Of Revocation And Termination Of Offers, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

The Interplay Of Planned Economy And Traditional Contract Rules In Poland, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Contracts -- 1958 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

During the period covered by this survey article, there have not been many cases in the field of contracts. In two of the cases the only question before the court was the sufficiency of the evidence, and in both of these cases the Tennessee Court of Appeals found that there was sufficient evidence to sustain the lower court, without going into an analysis of the evidence. Thus, there is no comment that can properly be made concerning those cases. There were two other cases, however, upon which some comment can properly be made.

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Contracts-Third Party Beneficiary-Right of County to …

The Eclipse Of The Lex Loci Solutionis -- A Fallacy Exploded, J. H.C. Morris

Vanderbilt Law Review

Traditionally, the question what law governs the validity of a contract is the most confused subject in the conflict of laws.' At least four theories have been advocated by writers or adopted by courts, namely that the law of the place of contracting, or the law of the place of performance, or the law intended by the parties, or the law of the country with which the contract has the closest and most real connection, determines the validity of the contract. In England the validity of a contract is governed by the "proper law," which Dicey defines as "the law, …

What Is Consideration In The Anglo-American Law Of Contracts?, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Anomalous Growth Of The Common Law -- The Anglo-American Quest For Justice, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

The Public Policy Of Contracts To Will Future Acquired Property, Joseph H. Drake

Articles

The general subject of wills upon consideration seems to have given courts and jurists a good deal of trouble, not only in England and America, but also in the continental countries. The Code Napoleon appears in terms actually to prohibit the making of reciprocal or mutual wills in the same instrument.