Contracts Commons^™

The Evolution Of Concession Agreements In Underdeveloped Countries And The United States National Interest, Theodore H. Moran

Vanderbilt Journal of Transnational Law

Large natural resource projects in underdeveloped countries provide great benefits to United States investors, to host countries and to the United States itself. Yet concession agreements to exploit natural resources are notoriously controversial and notoriously unstable. This article will examine the United States national interest in guaranteeing equity investments in foreign natural resource development and will argue that concession agreements in large natural resource projects in the developing world go through a highly predictable evolution, reflecting changes in the relative bargaining positions of the foreign investors and the host governments. Initial agreements reflect the foreign company's quasi-monopolistic control over the …

Book Reviews, Richard W. Edwards, Jr.

Vanderbilt Journal of Transnational Law

Studies in International Law is a collection of articles written by Dr. Mann between 1942 and 1972. All have previously appeared except "About the Proper Law of Contracts between States," which discusses the effect of a clause in a loan agreement between Denmark and Malawi providing that the agreement "shall be governed by Danish law." The largest piece, 139 pages, in this thick volume is a reprint of Mann's edited lectures on "The Doctrine of Jurisdiction in International Law" delivered at the Hague Academy of International Law in 1964.

All the articles relate to points of contact between public international …

Scherk V. Alberto-Culver Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Landlord And Tenant - Pennsylvania'a Distress And Distraint Law - Landlord's Distress Procedure Is Per Se Unconstitutional As Violative Of Due Process Of Law, Richard L. Reppert

Villanova Law Review (1956 - )

No abstract provided.

Patent Law - License Agreements - Royalties Paid Are Not Recoverable By Licensee Upon Showing Of Patent Invalidity, Richard B. Hardt

Villanova Law Review (1956 - )

No abstract provided.

Contract Interpretation Problems And The Dual Option Lease

William & Mary Law Review

No abstract provided.

The Patent-Antitrust Balance: Proposals For Change, N.R. Powers

Villanova Law Review (1956 - )

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

A FEDERAL COURT Is NOT COMPELLED To ASSERT ITS ADMIRALTY JURISDICTION WHEN THE LITIGANTS HAVE INSUFFICIENT CONTACTS WITH THE UNITED STATES OR WHEN A GOOD FAITH CLAIM FOR EARNED WAGES IS NOT SUPPORTED BY THE EVIDENCE

SHIPOWNER GUILTY OF DERELECTION IN ITS NONDELEGABLE DUTY To FURNISH A SEAWORTHY VESSEL HELD NOT ENTITLED TO INDEMNIFICATION

INJUNCTION FOR THE REMOVAL OF A DAMAGED VESSEL CANNOT BE GRANTED IN A DIRECT ADMIRALTY PROCEEDING FOR THAT PURPOSE

SHIPOWNER'S LIABILITY FOR DAMAGE TO GOODS Is NOT LIMITED UNDER EITHER THE CARRIAGE OF GOODS BY SEA ACT OR THE FIRE STATUTE WHEN OWNER FAILED …

Contracts--Parol Evidence Rule--Admissibility Of Agency Not Appearing In Written Contract, Robert R. Skinner

West Virginia Law Review

How does the parol evidence rule apply to a written contract which on its face appears to have only two parties, but in which one of the parties wants to introduce extrinsic evidence that one of the signatories is an agent for another person? Part one of this note will discuss present case law and part two will show how that law compares with modem theories of the parol evidence rule.

Restricting Disclaimer Of The Warranty Of Merchantability In Consumer Sales: Proposed Alternatives To The Ucc, William M. Musser Iii

William & Mary Law Review

No abstract provided.

Moral Obligation As Consideration In Contracts, W. Jack Grosse

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Profits And Their Recovery, Graham Douthwaite

Villanova Law Review (1956 - )

No abstract provided.

The Truth-In-Negotiations Act: The Need For Both Truth And Fairness, Ward T. Williams

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - National Labor Relations Board Order Requiring Payment Of Fringe Benefits - Nlrb V. Strong, 393 U.S. 357 (1969), Nicholas Stuart Reynolds

William & Mary Law Review

No abstract provided.

Communist China's Foreign Trade Contracts And Means Of Settling Disputes, Gene T. Hsiao

Vanderbilt Law Review

International trade involves a host of legal problems. Basic among these are the institution of contracts and the principles of settling disputes. Nations may enter into trade treaties and agreements to define and regulate their commercial relations, but actual transactions are always concluded on the basis of contracts. In the case of disputes arising from these contracts, the parties often resort to conciliatory or arbitrary means instead of court litigation. Communist China has over the course of the past eighteen years established trade relations with more than 120 countries and regions. In so doing, the Peking regime has relied upon …

Local Government And Contracts That Bind, R. Perry Sentell, Jr.

Georgia Law Review

TO paraphrase a modem slogan, in local government law "little goes right if the contract's too tight." For the layman who bargains in good faith with a municipality or county, the introduction to this principle can be a jolt. To be told that his contract was not a contract, because it would have unduly bound the local government, must prompt serious doubts in his mind about the law commanding this re- sult. To be told that he is legally presumed to know this must confirm his suspicions. The local government too, seeking to do battle with the multitudes of modem …

The Peppercorn Theory And The Restatement Of Contracts, Edmund Polubinski Jr.

William & Mary Law Review

No abstract provided.

The "Firm Offer" Problem In Construction Bids And The Need For Promissory Estoppel, John B. Gaides

William & Mary Law Review

No abstract provided.

Application Of Article 85 Paragraph 1, Of The Treaty Of Rome To Intrastate Exclusive Distributorship Agreements, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Commercial Decency And The Code - The Doctrine Of Unconscionability Vindicated, Paul M. Morley

William & Mary Law Review

No abstract provided.

Lease Covenants: Exculpation By Implication, R. Harvey Chappell Jr.

William & Mary Law Review

No abstract provided.

Contracts - Landlord And Tenant - Applicability Of Right Of First Refusal To Judicial Sale - Cities Service Oil Co. V. Estes, 208 Va. 44 (1967), Jon W. Bruce

William & Mary Law Review

No abstract provided.

Communist China's Foreign Trade Organization, Gene T. Hsiao

Vanderbilt Law Review

Although as of October 1966 Communist China has been diplomatically recognized by only fifty countries' and thus still remains outside the world legal community, it has trade relations with more than 120 countries and regions. The annual volume of Peking's foreign trade has been estimated at 2.96 billion dollars in 1963 and 4.5 billion dollars in 1966. The latest Western reports from Peking indicate that foreign buyers and sellers see in "China's 700 million people a market with dazzling prospects and a potential source "of supply of goods they can market profitably in their countries." The official organ of the …

Changing A Life Beneficiary By Will, Thomas C. Clark

William & Mary Law Review

No abstract provided.

Limitations On Contract Termination Rights—Franchise Cancellations, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

Discharge In The "Law" Of Arbitration, Roland P. Wilder Jr.

Vanderbilt Law Review

The vast majority of arbitrators will refuse to find just cause unless the discharge penalty bears some reasonable relation to the seriousness of the grievant's offense. They believe it to be their responsibility to determine whether the "punishment fits the crime" by realistically appraising the wrongful act's deleterious effects on the industrial community. If the grievant's proven offense appears to merit discipline short of discharge, the arbitrator usually will feel compelled to modify the discharge penalty in favor of some lesser degree of discipline. Since this amounts to a review of the penalty imposed by management, there is a substantial …

Developments In Contract Liability Of Trusts And Trustees, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

Exculpatory Clauses In Tug Assistance Contracts

Washington and Lee Law Review

No abstract provided.

Contracts -- 1964 Tennessee Survey, Paul I. Hartman

Vanderbilt Law Review

I. Promissory Estoppel--Application by Federal Court

II. Third Party Beneficiary--Enforcement of Labor and Material Bond

III. Statute of Frauds--Statute as Defense to Third Party

IV. Parol Evidence Rule--Application to Extrensic Subsequent Agreement

V. Illegal Bargains--Agreement Not to Compete

VI. Death of Party to Personal Service Contract as Terminating the Contract