Contracts Commons^™

The Relationship Of Contractual Remedies To Political And Social Status: A Preliminary Inquiry, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

This paper has, then, two major themes. In the first part I hope to elucidate the relationship of political, legal, and social status associated with land ownership to the unique legal remedies - specific performance and non-recovery of damages - which society created in respect to exchanges of land (and thus exchanges of status) for money. In the conclusion I examine the transformation of legal rules applied to agreements in which labour is exchanged for money. If, in fact, property rules in contract evolved in response to the political, legal, and social attributes of land ownership, then one may be …

Distributive And Paternalist Motives In Contract And Tort Law, With Special Reference To Compulsory Terms And Unequal Bargaining Power, Duncan Kennedy

Maryland Law Review

No abstract provided.

Characteristic Performance -- A New Concept In The Conflict Of Laws In Matters Of Contract For The Eec, Kurt Lipstein

Northwestern Journal of International Law & Business

The concept of "characteristic performance, " used in conflicts law to determine which country's law applies in the absence of an express or implied choice of law, has been incorporated into Article 4 of the Draft Convention on the Law Applicable to Contractual and Non-Contractual Obligations. In this article, Professor Lipstein examines the purpose, history, and criticisms of the concept of "characteristic performance" and concludes by supporting the use by the Member States of characteristic performance as a means of determining the legal system governing the contract as a whole.

The Art Investment Contract: Application Of Securities Law To Art Purchases, Maureen Holm

Fordham Urban Law Journal

This article examines art transactions as investment contracts. It posits that the art investor could benefit from the same preventive and remedial regulations imposed upon conventional investment transactions, describing and analyzing the five principal types of art transactions. It then explores the substantive concerns facing the art investor and existing protections, in comparison to the protections available to the investor in conventional securities investments. The article then analyzes the proposition that art transactions typically constitute investment contracts in light of Supreme Court decisions on the topic. Finally, the article discusses the current position of the Securities and Exchange Commission ("SEC") …

Good Faith And The Enforceability Of Standardized Terms, Robert Dugan

William & Mary Law Review

No abstract provided.

Contract Law - Implied Agreements - Unmarried Cohabitants, William D. Clifford

Duquesne Law Review

The New Jersey Supreme Court has held that unmarried cohabitation will not bar an otherwise valid agreement between parties.

Kozlowski v. Kozlowski, 80 N.J. 378, 403 A.2d 902 (1979).

Insurance - Suit Limitation Clause - An Insurer's Bad Faith Accusation Of Criminal Conduct By The Insured, Or An Accusation Which Is The Result Of A Negligent Investigation, Can Toll The Suit Limitation Clause, Kathleen Seybold Turezyn

Villanova Law Review (1956 - )

No abstract provided.

The Uniform Commerical Code As Federal Law: United States V. Kimbell Foods, Inc., Louis S. Robin

Fordham Urban Law Journal

This Note examines the origins, history, and current standing of federal common law in light of the U.S. Supreme Court's decision Eerie Railroad v. Tompkins. Furthermore, the Note will look to see the impact of state law and the Uniform Commercial Code in the creation of federal common law. Finally, the Note will analyze how the U.S. Supreme Court's decision, U.S. v. Kimbell Foods, Inc., impacts the use of the U.C.C. as federal law.

Commercial Hardship And The Discharge Of Contractual Obligations Under American And British Law, John J. Gorman

Vanderbilt Journal of Transnational Law

There are several doctrines under which contractual obligations have been judicially discharged. This Note will examine the United States doctrine of commercial impracticability or commercial impossibility and the English doctrine of frustration of contract or frustration of the commercial objective. The focus of this Note therefore is on those situations in which discharge from contractual obligations is sought because of supervening economic hardship. Part II provides a brief historical account of the development of the English common law doctrine of impossibility. Part III traces the development of the United States concept of commercial impossibility and commercial impracticability from the early …

Deterring "Surface Bargaining": Employer Uncertainty And The Duty To Bargain In Good Faith, Irv Hepner

Cardozo Law Review

No abstract provided.

Constitutional Law - Contract Clause - Minnesota's Pension Plan Act Violates Contract Clause, Craig R. Shagin

Villanova Law Review (1956 - )

No abstract provided.

Contract Law - Life Insurance Contracts - Temporary Insurance - Binding Receipts Imposing Conditions Precedent Upon Temporary Insurance Coverage Held Ineffective In Pennsylvania, William Jackson

Villanova Law Review (1956 - )

No abstract provided.

The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams

Villanova Law Review (1956 - )

No abstract provided.

Federal Courts - Use Of Mandamus To Compel Adjudication Of A Claim Within Exclusive Federal Jurisdiction, Glenn S. Goldstein

Villanova Law Review (1956 - )

No abstract provided.

An Examination Of Section 8(F) Of The National Labor Relations Act, Missy Walrath

Villanova Law Review (1956 - )

No abstract provided.

Secured Transactions - What Floats Can Be Sunk, Jack B. Justice

Villanova Law Review (1956 - )

No abstract provided.

Contract And Uncertainty: The Reformation Of An International Business Agreement, Joan A. Lipton

Cardozo Law Review

No abstract provided.

Aronson V. Quick Point Pencil Company, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

U.C.C. § 2-713: Anticipatory Repudiation And The Measurement Of An Aggrieved Buyer's Damages

William & Mary Law Review

No abstract provided.

Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan

West Virginia Law Review

Section 2-302 of the Uniform Commercial Code is a widely discussed and controversial statement of the law of unconscionability. It was a part of the original UCC as adopted by Pennsylvania in 1953, but some states elected to omit that section when they accepted the UCC. There are three fundamental reasons for their not adopting the section. The first objection is that the section goes against the security of the transaction by allowing the courts to remake parts of the contract. The second stems from the fact that the section limits the parties' freedom to contract because it is often …

Post-Merger Blues: Intra-League Contract Jumping, S. Phillip Heiner

William & Mary Law Review

No abstract provided.

Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown

Faculty Publications

No abstract provided.

Punitive Damages In The Law Of Contract: The Reality And The Illusion Of Legal Change, Timothy J. Sullivan

Faculty Publications

No abstract provided.

Book Review. Transcending Covenant And Debt, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Choice Of Forum Clauses In International And Interstate Contracts, James T. Gilbert

Kentucky Law Journal

No abstract provided.

Book Review Of The Death Of Contract - By Grant Gilmore, Timothy J. Sullivan

William & Mary Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty Shipowner's Warranty of Seaworthiness extends to any Regularly Used Mode of Ingress or Egress

Award of Prejudgment Interest in Admiralty may be Denied Party Substantially at Fault

Contribution will lie against the United States in Non-collision Maritime Cases when United States and Third Party Adjudged Mutually Negligent

Admiralty Jurisdiction does not Extend to Shoreside Injury Caused by Unloaded Cargo

Admiralty Jurisdiction does not Extend to Shoreside Injury Caused by Negligent Handling of Shipowner's Dunnage when Stevedore uses Own Equipment

2. ARBITRATION

Foreign Arbitration Award may be Enforceable at Bankruptcy although Issued after Initiation of Bankruptcy Proceedings

3. CONTRACTS …

The Concept Of Benefit In The Law Of Quasi-Contract, Timothy J. Sullivan

Faculty Publications

No abstract provided.

Waiver Of The Statute Of Frauds Under Uniform Commercial Code Section 2-209: Double-E Sportswear Corp. V. Girard Trust Bank

William & Mary Law Review

No abstract provided.

Severance Of Buyer's Defenses Against Seller's Assignee Through Merger-Disclaimer Clauses: Circumvention Of Uccc Sections 2.403 And 2.404, Robert Dugan

Villanova Law Review (1956 - )

No abstract provided.