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Articles 3721 - 3750 of 7560

Full-Text Articles in Contracts

"If You Poison Us Do We Not Die?" - A Critical Analysis Of The Legality Of Poison Puts In The Wake Of San Antonio Fire And Police Pension Fund V. Amylin, Inc., Marcus Kai Hintze May 2010

"If You Poison Us Do We Not Die?" - A Critical Analysis Of The Legality Of Poison Puts In The Wake Of San Antonio Fire And Police Pension Fund V. Amylin, Inc., Marcus Kai Hintze

BYU Law Review

No abstract provided.

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Arbitration Clauses In Ceo Employment Contracts: An Empirical And Theoretical Analysis, Erin O'Hara O'Connor, Kenneth Martin, Randall Thomas May 2010

Arbitration Clauses In Ceo Employment Contracts: An Empirical And Theoretical Analysis, Erin O'Hara O'Connor, Kenneth Martin, Randall Thomas

Scholarly Publications

A bill currently pending in Congress would render unenforceable mandatory arbitration clauses in all employment contracts. Some perceive these provisions as employer efforts to deprive employees of important legal rights. Company CEOs are firm employees, and, unlike most other firm employees, they can actually negotiate their employment contracts, very often with attorney assistance. Moreover, many CEO employment contracts are publicly available, so they can be examined empirically. In this paper, we ask whether CEOs bargain to include binding arbitration provisions in their employment contracts. After exploring the theoretical arguments for and against including such provisions in these agreements, we use …

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Breach Is For Suckers, Tess Wilkinson-Ryan, David A. Hoffman May 2010

Breach Is For Suckers, Tess Wilkinson-Ryan, David A. Hoffman

Vanderbilt Law Review

This Article presents results from three experiments offering evidence that parties see breach of contract as a form of exploitation that makes disappointed promisees into "Suckers." In psychology, being a sucker turns on a three-part definition: betrayal, inequity, and intention. We used web-based questionnaires to test the effect of each of the three factors separately. Our results support the hypothesis that when breach of contract cues an exploitation schema, people become angry, offended, and inclined to retaliate even when retaliation is costly. This theory offers a useful advance because it explains why victims of breach demand more than similarly situated …

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Pizza-Box Contracts: True Tales Of Consumer Contracting Culture, Amy J. Schmitz Apr 2010

Pizza-Box Contracts: True Tales Of Consumer Contracting Culture, Amy J. Schmitz

Faculty Publications

Do you ask for contract or purchase terms prior to completing your everyday purchases? Do you first read the pizza box before paying the pizza delivery guy or gal? Typical consumers do not ask for or read their contracts prepurchase, and companies have become accustomed to burying purchase terms in product packaging or Internet links. These postpurchase, rolling, or “pizza-box” contracts have therefore become the norm in the consumer marketplace, and courts generally enforce them as legitimate contracts. This Article discusses varying theoretical perspectives on enforcement of these pizza-box contracts, and explores the available empirical data bearing on the legitimacy …

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Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes Apr 2010

Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes

West Virginia Law Review

No abstract provided.

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Contract Law's Two "P.E.'S": Promissory Estoppel And The Parole Evidence Rule, David G. Epstein Apr 2010

Contract Law's Two "P.E.'S": Promissory Estoppel And The Parole Evidence Rule, David G. Epstein

Law Faculty Publications

This article is about "P.E." Not the physical education class that you looked forward to in junior high school, but the two "P.E.'s" you dreaded in your first-year law school contracts class: (1) promissory estoppel and (2) the parol evidence rule.' Each is plenty complicated standing alone. This article considers what happens if the two bump into each other. More specifically, this article asks and answers the question: Should the parol evidence rule apply to promissory estoppel cases?

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2009 Government Contract Law Decisions Of The Federal Circuit, Daniel P. Graham, Jon Burd, Tracye Winfrey Howard, Brian Walsh, W. Barron A. Avery Apr 2010

2009 Government Contract Law Decisions Of The Federal Circuit, Daniel P. Graham, Jon Burd, Tracye Winfrey Howard, Brian Walsh, W. Barron A. Avery

American University Law Review

No abstract provided.

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Comparison And Analysis Of Korea And Japan Status Of Forces Agreements And Their Implications For Iraq's Sofa, Jiyoung Cha Apr 2010

Comparison And Analysis Of Korea And Japan Status Of Forces Agreements And Their Implications For Iraq's Sofa, Jiyoung Cha

Cardozo Journal of International and Comparative Law

The note examines the tension between protecting U.S. military personnel's rights and respecting host nations' sovereignty through Status of Forces Agreements (SOFAs), focusing on cases from Korea, Japan, and Iraq. It argues that while SOFAs are designed to protect U.S. soldiers, they often infringe on host countries' sovereignty, leading to diplomatic tensions. The analysis highlights the imbalance in SOFAs, favoring the U.S. and undermining host nations' sovereignty, as perceived by citizens and governments. The author suggests that the U.S. needs to adjust its SOFA approach to avoid diplomatic tensions, recommending a more balanced jurisdictional framework.

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Bargains Bicoastal: New Light On Contract Theory, Geoffrey P. Miller Apr 2010

Bargains Bicoastal: New Light On Contract Theory, Geoffrey P. Miller

Cardozo Law Review

Recent research has shown that large companies select New York law and New York courts to govern disputes under commercial contracts. Because these parties make choice-of-law and forum selection decisions before conflicts arise, there is reason to believe that their preference for New York reflects an effort to select efficient terms. This Article compares New York's contract law with that of its most natural competitor, California. It turns out that New York strictly enforces bargains and displays little tolerance for efforts to rewrite deals ex post. California, in contrast, more willingly reforms contracts for reasons of fairness, equity, morality, or …

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Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow Apr 2010

Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow

Cardozo Law Review

Courts have created a burden of proof in copyright that chills protected speech. The doctrine of fair use purports to ensure that copyright law does not trample rights of speakers whose expression employs copyrighted material. Yet those speakers face a burden of proof that weighs heavily in the fair use analysis, where factual inquiries are often subjective and speculative. Failure to satisfy the burden means severe penalties, which prospect quickly chills the free exercise of speech that constitutes a fair use. The fair-use burden of proof is repugnant to the fair use purpose. Today, copyright holders are exploiting the burden …

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Contracts, Custom, And The Common Law: Towards A Renewed Prominence For Contract Law In American Wrongful Discharge Jurisprudence, Timothy J. Coley Mar 2010

Contracts, Custom, And The Common Law: Towards A Renewed Prominence For Contract Law In American Wrongful Discharge Jurisprudence, Timothy J. Coley

Brigham Young University Journal of Public Law

No abstract provided.

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Filling In The Blank: Defining Breaches Of Contract Excepted From Discharge As Willful And Malicious Injuries To Property Under 11i U.S.C. § 523(A)(6), Bryan Hoynak Mar 2010

Filling In The Blank: Defining Breaches Of Contract Excepted From Discharge As Willful And Malicious Injuries To Property Under 11i U.S.C. § 523(A)(6), Bryan Hoynak

Washington and Lee Law Review

No abstract provided.

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The Fugitive In Flight: Law, Freedom, And Liberalism In A Classic Tv Show, Stanley Fish Mar 2010

The Fugitive In Flight: Law, Freedom, And Liberalism In A Classic Tv Show, Stanley Fish

Cardozo Law Review

No abstract provided.

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Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes Mar 2010

Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes

Faculty Scholarship

Standard form contract are ubiquitous, whether signed in the real world or clicked in the online world. Consumers are constantly entering into standard form contracts with the merchants they transact with in order to buy goods or services. Consumers, however, are usually aware of only the basic terms in the form like price, subject matter, and quantity. Consumers otherwise rarely read the form contracts that they sign. However, traditional contract law and the duty to read provide that the consumer is bound to all the terms contained in the form contract, both the known terms and the unread and unknown …

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Do Liquidated Damages Encourage Breach? A Psychological Experiment, Tess Wilkinson-Ryan Mar 2010

Do Liquidated Damages Encourage Breach? A Psychological Experiment, Tess Wilkinson-Ryan

Michigan Law Review

This Article offers experimental evidence that parties are more willing to exploit efficient-breach opportunities when the contract in question includes a liquidated-damages clause. Economists claim that the theory of efficient breach allows us to predict when parties will choose to breach a contract if the legal remedy for breach is expectation damages. However, the economic assumption of rational wealth-maximizing actors fails to capture important, shared, nonmonetary values and incentives that shape behavior in predictable ways. When interpersonal obligations are informal or underspecified, people act in accordance with shared community norms, like the moral norm of keeping promises. However, when sanctions …

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Law Day Oral Argument Session Fifth District Court Of Appeal, 2010, Honorable William D. Palmer, Chief Judge, Honorable Bruce Jacobus, Honorable C. Alan Lawson Feb 2010

Law Day Oral Argument Session Fifth District Court Of Appeal, 2010, Honorable William D. Palmer, Chief Judge, Honorable Bruce Jacobus, Honorable C. Alan Lawson

Law Day Presentations

As part of Law Day activities, a three judge panel hear appellate oral arguments on a first-degree murder case, a contract dispute, and a sexual battery and false imprisonment case, in the FAMU College of Law's Ceremonial Moot Courtroom. The Court entertains questions from the gallery regarding the appellate process and organization of the appellate court following each argument.

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Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen Jan 2010

Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

This Article maps out a new theoretical critique of no-drop prosecution policies, the criminal justice system’s predominant approach to domestic violence. No-drop rules compel prosecutors to make decisions about whether to pursue charges against a batterer without regard to the victim’s wishes. When the law mandates this approach, it not only enforces the criminal law, but also effectively terminates the relationship between the victim and her partner. This blunt response to what is often a complex situation indiscriminately dispenses with the many reasons a victim may want or need to preserve her intimate relationship. While numerous scholars have grappled with …

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The Productive Tension Between Official And Unofficial Stories Of Fault In Contract Law, Martha M. Ertman Jan 2010

The Productive Tension Between Official And Unofficial Stories Of Fault In Contract Law, Martha M. Ertman

Faculty Scholarship

Officially Contract law ignores fault. However, an unofficial story complements the official one, and explains why fault occasionally slips into contract law through doctrines such as willful breach. This chapter of FAULT IN AMERICAN CONTRACT LAW (Omri Ben-Shahar & Ariel Porot, eds, Cambridge U. Press, forthcoming 2010) argues that the official and unofficial stories operate in productive tension to both facilitate ex ante planning and, when necessary, look backward at reasons for breach to reach a just result. The occasional presence of fault in contract law, in this view, represents merely one more instance of the common doctrinal pattern of …

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Response, The Still-Elusive Quest To Make Sense Of Veil-Piercing, David K. Millon Jan 2010

Response, The Still-Elusive Quest To Make Sense Of Veil-Piercing, David K. Millon

Scholarly Articles

This paper is an invited comment on Peter Oh's article "Veil-Piercing" published in the Texas Law Review. I make two points. First, I suggest that Oh's exhaustive analysis of the factors cited by courts to justify veil-piercing, like Robert Thompson's before it, does not actually tell us much about what is going on in the cases. For reasons that I explain, the asserted rationales cannot determine the results. Instead, vaguely articulated and poorly understand notions of policy and fairness drive decision making in this area. The law will continue to be obscure and results unpredictable until courts develop a clearer …

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Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman Jan 2010

Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

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Contracts Confidential: Ending Secret Deals In The Extractive Industries, Peter Rosenblum, Susan Maples Jan 2010

Contracts Confidential: Ending Secret Deals In The Extractive Industries, Peter Rosenblum, Susan Maples

Human Rights Institute

The laws of contract and international commercial relations generally suppose two corporate entities doing business with each other, both seeking profits and answering to shareholders. This makes sense, unless one of the parties is not a corporate entity, but rather a government, answerable to citizens. Even as they conduct business, governments have duties, obligations and interests that go well beyond pure profit maximization. As such, the same secrecy afforded to contracting parties in commercial law is out of place in such contracts. Governments must be held accountable for all contracts they enter, be they for the provision of roads or …

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Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener Jan 2010

Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener

UIC John Marshall Journal of Information Technology & Privacy Law

Heaping scholarship fills the academic print and online press about where legal scholars should publish and how to have one’s paper accepted for publication. But there is scarce writing about the contractual relationship between the law journal and the author of an accepted paper. This may be due in part to broadly misconstrued or ignored publication agrees, or perhaps that the business relationship is unworthy of scholarly attention. Regardless, this paper introduces a pragmatist’s perspective on evaluating and revising publication agreements, and informs student editors how publication agreements accomplish a journal’s objectives, based on current copyright law. Finally, this paper …

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Beyond A Definition: Understanding The Nature Of Void And Voidable Contracts, Jesse A. Schaefer Jan 2010

Beyond A Definition: Understanding The Nature Of Void And Voidable Contracts, Jesse A. Schaefer

Campbell Law Review

This Comment will ... first briefly explore the historical development of the concept of voidness. Second, it will detail the rise of the formalist approach, and will provide some criticism of that approach. Third, it will introduce the legal underpinnings of the functionalist approach. Finally, it will attempt to pull back the layer of legal detritus that has developed on this topic to reveal a workable and practical approach to understanding contract invalidity.

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From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young Jan 2010

From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young

West Virginia Law Review

No abstract provided.

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Show Me The Money The Applicability Of Contract Laws Ratification And Tenderback Doctrines To Title Vii Releases, Daniel P. O'Gorman Jan 2010

Show Me The Money The Applicability Of Contract Laws Ratification And Tenderback Doctrines To Title Vii Releases, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

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Arbitration's Summer Soldiers Marching Into Fall: Another Look At Eisenberg, Miller, And Sherwin's Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Nancy Kim Jan 2010

Arbitration's Summer Soldiers Marching Into Fall: Another Look At Eisenberg, Miller, And Sherwin's Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Nancy Kim

Faculty Scholarship

Our empirical study examines the role and importance of arbitration clauses in standard form contracts, primarily with other businesses. While much has been written about the impact of mandatory arbitration clauses in consumer contracts, relatively little has been written on mandatory arbitration clauses in customer agreements where the customer was a business and not an individual consumer. In this Article, we specifically address the findings presented in Theodore Eisenberg, Geoffrey Miller, and Emily Sherwin’s study, Arbitration’s Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts.1 Our study finds that many businesses employ mandatory arbitration clauses in …

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Expectation Damages The Objective Theory Of Contracts And The Hairy Hand Case A Proposed Modification To The Effect Of Two Classical Contract Law Axioms In Cases Involving Contractual, Daniel P. O'Gorman Jan 2010

Expectation Damages The Objective Theory Of Contracts And The Hairy Hand Case A Proposed Modification To The Effect Of Two Classical Contract Law Axioms In Cases Involving Contractual, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

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Residual-Risk Model For Classifying Business Arrangements, Bradley T. Borden Jan 2010

Residual-Risk Model For Classifying Business Arrangements, Bradley T. Borden

Faculty Scholarship

No abstract provided.

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Misclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization, Hazel G. Beh, Jeffrey W. Stempel Jan 2010

Misclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization, Hazel G. Beh, Jeffrey W. Stempel

Scholarly Works

Insurance policies are traditionally classified as unilateral or “reverse-unilateral” contracts, a characterization we find largely incorrect, with problematic consequences for adjudication of insurance coverage disputes. In addition to the general difficulties attending the unilateral classification, the concept as applied to insurance policies is not only unhelpful but incorrect. Insurance policies are more accurately viewed as bilateral contracts. In addition, the unilateral characterization of insurance policies introduces error and inconsistency into the litigation of insurance controversies. In particular, the unilateral view tends toward excessive formalism and focus on so-called “conditions” precedent to coverage, eschewing material breach analysis and encouraging needless forfeitures …

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The Insurance Policy As Statute, Jeffrey W. Stempel Jan 2010

The Insurance Policy As Statute, Jeffrey W. Stempel

Scholarly Works

Insurance policies are classified as a subspecies of contract. Although the taxonomy is correct, rigid adherence to this classification system limits the legal system's ability to deal with some of the most problematic and frequently litigated questions of insurance coverage. Restricting conception of insurance policies to the contract model unduly limits analysis of the meaning and function of the policies. In addition, restricting characterization of insurance as a matter of “contract” does not necessarily produce swift, inexpensive, efficient, or uniform decisions (to say nothing about accuracy, justice, or fairness). Within contract law, scholars, and courts differ over the respective primacy …

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