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Articles 751 - 780 of 1079
Full-Text Articles in Contracts
Frontispiece On Good Faith: A Functional Approach Within The Ucc, Christina L. Kunz
Frontispiece On Good Faith: A Functional Approach Within The Ucc, Christina L. Kunz
Faculty Scholarship
This article examines areas of the law with thin jurisprudences on good faith, and how the Uniform Commercial Code’s (UCC’s) express statutory rules have become an active laboratory of experiments on good faith. Part I discusses the general obligation of good faith under the UCC. Part II lays out and discusses how the specific UCC provisions on good faith serve one or more of the following functions: restrict the exercise of one-sided power in a contract, in order to avoid unfair or unexpected results; restrict the range of possible responses to defective performance or to an unexpected event, in order …
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
West Virginia Law Review
No abstract provided.
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Law Faculty Scholarship
No abstract provided.
Exemptions Of Contract Liability Under The 1980 United Nations Convention, Wanki Lee
Exemptions Of Contract Liability Under The 1980 United Nations Convention, Wanki Lee
Penn State International Law Review (1982 - 2011)
This article will primarily discuss the United Nations Sales Convention. In interpreting the Convention, the central problem is to what extent Article 79 of the Convention will apply to the various cases. Does it apply only to cases of "force majeure" or "impossibility," i.e., cases in which there is a barrier that prevents performance or makes it impracticable? Or does it apply to cases of "frustration" or "imprévision," i.e., cases in which there is no barrier but the circumstances are radically changed because of a contingency contrary to the basic assumption on which the contract was made? Even if Article …
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Scholarly Works
As the juxtaposition of these quotations suggests, judges have long held disparate views on the legitimacy and value of “public policy” considerations as a basis for legal decision making. The popular notion posits that Justice Holmes and legal realists carried the day, making public policy analysis an ordinary part of the adjudication process. The story, of course, is more complex than this legal version of Don Quixote. Many judges and lawyers, including Justice Holmes in other writings, continued to speak of adjudication in more formalist and positivist terms, with most laypersons in apparent agreement. Judge Burroughs' view of public policy …
Deroche, Et Al. V. Blackfeet Indian Housing Authority, No. 89-Api (Blkft. Tr. Ct. App., Dec. 19, 1989) 17 Ilr 6036, Blackfeet Appellate Court
Deroche, Et Al. V. Blackfeet Indian Housing Authority, No. 89-Api (Blkft. Tr. Ct. App., Dec. 19, 1989) 17 Ilr 6036, Blackfeet Appellate Court
Court Decisions
The Blackfeet Tribal Court of Appeals affirms the trial court’s jury verdict in favor of plaintiffs in an action against the Blackfeet Indian Housing Authority.
Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson
Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson
Cardozo Law Review
No abstract provided.
Binding Contracts In Georgia Local Government Law: Configurations Of Codification, R. Perry Sentell Jr.
Binding Contracts In Georgia Local Government Law: Configurations Of Codification, R. Perry Sentell Jr.
Scholarly Works
The potential for creating uncertainty looms as a primary and ever-present problem in the codification process. A dominant concern is the fear the unintended statutory changes--or, worse still, the quandary of whether what appears to be such a change was truly intended--may result. The perplexing issues emanating from that quandary can considerably dissipate the benefits of progressive statutory codification. For purely illustrative purposes, attention might be called to the present plight of an historic precept in Georgia local government law. That precept unflinchingly condemns a local governing authority's efforts to commit its successors to a given course of governmental action. …
Flypaper Contracts And The Genesis Of Modern Tort, Peter Huber
Flypaper Contracts And The Genesis Of Modern Tort, Peter Huber
Cardozo Law Review
No abstract provided.
Offers Users Can't Refuse: Shrink-Wrap License Agreements As Enforceable Adhesion Contracts, Michael G. Ryan
Offers Users Can't Refuse: Shrink-Wrap License Agreements As Enforceable Adhesion Contracts, Michael G. Ryan
Cardozo Law Review
No abstract provided.
Dialogic Reciprocity And The Critique Of Employment At Will, Drucilla Cornell
Dialogic Reciprocity And The Critique Of Employment At Will, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Abstract Right And The Possibility Of A Nondistributive Conception Of Contract: Hegel And Contemporary Contract Theory, Peter Benson
Abstract Right And The Possibility Of A Nondistributive Conception Of Contract: Hegel And Contemporary Contract Theory, Peter Benson
Cardozo Law Review
No abstract provided.
Right And Advantage In Private Law, Ernest J. Weinrib
Right And Advantage In Private Law, Ernest J. Weinrib
Cardozo Law Review
No abstract provided.
Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman
Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman
Cardozo Law Review
No abstract provided.
Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson
Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
Written Agreements In The Lender-Borrower Context: The Illusion Of Certainty, Robert D. Rowe
Written Agreements In The Lender-Borrower Context: The Illusion Of Certainty, Robert D. Rowe
Vanderbilt Law Review
Recent legal battles in the lender-borrower arena have received widespread attention. The fact that these battles occur merits little surprise because borrowers often seek recourse against lenders when financial commitments go awry. Moreover, recent lender-borrower cases do not introduce any new legal theories. The outcome is the noteworthy feature of these cases. Borrowers increasingly are obtaining judgments against lenders. This Note examines recent lender-borrower cases from a contractual perspective, analyzing the application of traditional contract principles in the lender-borrower context. Part II of this Note contends that courts are trying to address three concerns in the lender-borrower context: maintenance of …
Contracts: Rodgers V. Tecumseh Bank: Re-Evaluating The Christian Principle Of Tort Liability For Breach Of Good Faith, Carolyn S. Smith
Contracts: Rodgers V. Tecumseh Bank: Re-Evaluating The Christian Principle Of Tort Liability For Breach Of Good Faith, Carolyn S. Smith
Oklahoma Law Review
No abstract provided.
Quantum Meruit And Building Contracts: Part I The Quantum Meruit Concept, Howard Hunter, J. W. Carter
Quantum Meruit And Building Contracts: Part I The Quantum Meruit Concept, Howard Hunter, J. W. Carter
Research Collection Yong Pung How School Of Law
The aim of this article is to discuss the restitutionary principles applicable to quantum meruit claims in building contracts. In the first part we consider the concept itself and identify the contexts in which such a claim is pursued. In the second part of the article, to be published in the next issue of the JCL, attention is directed, principally, to one issue, namely whether the contract price constitutes a ceiling on the amount recoverable under a quantum meruit claim following breach by the defendant.
Quantum Meruit And Building Contracts: Part Ii Does The Contract Price Put A Ceiling On A Recovery Via A Quantum Meruit?, Howard Hunter, J. W. Carter
Quantum Meruit And Building Contracts: Part Ii Does The Contract Price Put A Ceiling On A Recovery Via A Quantum Meruit?, Howard Hunter, J. W. Carter
Research Collection Yong Pung How School Of Law
The question posed by the title of this part of the article has been the subject of a substantial amount of commentary by American legal scholars and has been a central issue in a number of cases, almost all of them involving building contracts. The problem is easy to state: P and D have an agreement for P to construct a building for a total consideration of $X. When P is partially finished, D breaches. If the contract price and the value of the work to date roughly coincide, there is usually little problem in determining P's recovery. The standard …
Paternalism And Contract: A Critique Of Anthony Kronman, Rochelle Spergel
Paternalism And Contract: A Critique Of Anthony Kronman, Rochelle Spergel
Cardozo Law Review
No abstract provided.
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Cardozo Law Review
No abstract provided.
Federal And State Antitrust Enforcement: Constitutional Principles And Policy Considerations, Daniel Oliver
Federal And State Antitrust Enforcement: Constitutional Principles And Policy Considerations, Daniel Oliver
Cardozo Law Review
No abstract provided.
Common Sense And Article 9: A Uniform Approach To Automobile Repossession, Darryll K. Jones
Common Sense And Article 9: A Uniform Approach To Automobile Repossession, Darryll K. Jones
Journal Publications
Clients who seek legal assistance earlier in the repossession process preserve their options, which may include preventing the repossession altogether, allowing the client an opportunity to reclaim the vehicle after repossession, or limiting the client's liability to the loss of the vehicle itself. Many of the actions considered by the attorney will be based on the provisions in Article 9 of the Uniform Commercial Code (U.C.C. or the Code). This article begins with a discussion of steps that may be taken to eliminate the need to resort to the U.C.C. Because these steps will not always be successful, the article …
Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker
Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker
Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz
Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz
Scholarly Works
No abstract provided.
Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena C. Seplowitz
Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena C. Seplowitz
Scholarly Works
No abstract provided.
A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thurmann
A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thurmann
Scholarly Works
The purpose of this article is rather simple, extracting a new theory of standard form contracts from the good bits of the spectrum of "old" ideas and combining them with some fresh rethinking. For something fresh, the authors choose to examine the German law on standard form contracts. The authors have tried to remain neutral observers but in extracting the best from the spectrum of ideas one necessarily states--in this instance, one of pragmatic compromise. Thus, this article will cull and identify elements from the spectrum specifically concerning standard form contracts and compare them with the German approach. This process …
When Owners Should Pay For Construction Delay: Corinno Civetta Construction Corp. And The No-Damage-For-Delay Clause, Marc Handelman
When Owners Should Pay For Construction Delay: Corinno Civetta Construction Corp. And The No-Damage-For-Delay Clause, Marc Handelman
Cardozo Law Review
No abstract provided.
Nonconsensual Repeal Of Third-Party Beneficiary Contract Rights: Senior Creditors Under Subordination Agreements, Jessica A. Hauser
Nonconsensual Repeal Of Third-Party Beneficiary Contract Rights: Senior Creditors Under Subordination Agreements, Jessica A. Hauser
Cardozo Law Review
No abstract provided.