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Articles 4621 - 4650 of 7561

Full-Text Articles in Contracts

Tort, Contract And The Allocation Of Risk, Joost Blom Jan 2002

Tort, Contract And The Allocation Of Risk, Joost Blom

All Faculty Publications

Tort and contract, although both descended from a common ancestor in the forms of action at common law, are generally regarded as distinct species of civil liability. A tort is an act or omission that is marked by fault - either intention or negligence. There are also a few strict liability torts - where fault is not required - but they are rare. The damage for which tort provides a remedy is usually physical - either personal injury or property damages - albeit with consequential financial losses included. Pure economic loss remains an exception. Contract is not fault-based. Liability rests …

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Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward Rock Jan 2002

Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward Rock

Cardozo Law Review

What functions does the existing mandatory disclosure system serve? In this Article, I argue that the existing SEC system can be understood as providing issuers with a mechanism for making a credible commitment to high quality, comprehensive disclosure for an indefinite period into the future. This credible commitment device is particularly useful to new domestic issuers and to foreign issuers seeking to tap the U.S. capital markets. This credible commitment justification explains the striking but little discussed practical and formal asymmetry between the ease of entry into the SEC system and the difficulty of exit from it. I then consider …

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The Rise And Fall Of Article 2, Robert E. Scott Jan 2002

The Rise And Fall Of Article 2, Robert E. Scott

Faculty Scholarship

In August 13,2001 the National Conference of Commissioners on Uniform State Laws voted eighty-nine to fifty-three to reject the Amendments to Article 2 of the Uniform Commercial Code that had just been approved in May by the American Law Institute. The vote followed a last minute effort by the Article 2 drafting committee to amend the scope provisions of Article 2 in response to continuing criticism from representatives of the software and information industries. Several months later, at the request of the NCCUSL leadership, amended Article 2 with its revised scope provision was withdrawn from the agenda of the ALI …

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Contract Law, Andrew Phang Jan 2002

Contract Law, Andrew Phang

Research Collection Yong Pung How School Of Law

As expected, the number of Singapore cases during the year under review impacting the law of contract is enormous. As I have mentioned in previous reviews, this is due to the fact that the law of contract permeates virtually all areas of the law of obligations – and, on occasion, beyond as well. I will therefore adopt the approach which has been adopted during previous years: which is to focus, in the main, on general principles. There have – as we shall see – been a few cases that are of especial significance. Not surprisingly, given the fact that the …

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Mistake In Contract Law —Two Recent Cases, Andrew Phang Jan 2002

Mistake In Contract Law —Two Recent Cases, Andrew Phang

Research Collection Yong Pung How School Of Law

The doctrine of mistake in contract law has had a chequered history. Indeed, its very existence has been questioned (see, e.g., Slade, (1954) 70 L.Q.R. 385 and Atiyah and Bennion, (1961) 24 M.L.R. 421). But, like a bad penny that will not go away, the doctrine remains stubbornly embedded in the contractual landscape and has in fact witnessed a small revival of sorts in recent years (see, e.g., Clarion Ltd. v. National Provident Institution [2000] 2 All E.R. 265 (noted Phang, (2002) 1 J.O.R. 21)).

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Consenting To Form Contracts, Randy E. Barnett Jan 2002

Consenting To Form Contracts, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In this essay, I will identify one theoretical source of the common antipathy towards form contracts and why it is misguided. I contend that the hostility towards form contracts stems in important part from an implicit adoption of a promise-based conception of contractual obligation. I shall maintain that, when one adopts (a) a consent theory of contract based not on promise but on the manifested intention to be legally bound and (b) a properly objective interpretation of this consent, form contracts can be seen as entirely legitimate-though some form terms may properly be subject to judicial scrutiny that would be …

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Contract Law: As Clear As Mud: The Demise Of The Covenant Not To Compete In Oklahoma, Jeb Boatman Jan 2002

Contract Law: As Clear As Mud: The Demise Of The Covenant Not To Compete In Oklahoma, Jeb Boatman

Oklahoma Law Review

No abstract provided.

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Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron Jan 2002

Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron

Scholarly Works

No abstract provided.

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Express Warranty As Contractual - The Need For A Clear Approach, Sidney Kwestel Jan 2002

Express Warranty As Contractual - The Need For A Clear Approach, Sidney Kwestel

Scholarly Works

No abstract provided.

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Common Law And Statutory Restrictions On Access: Contract, Trespass, And The Computer Fraud And Abuse Act, Maureen A. O'Rourke Jan 2002

Common Law And Statutory Restrictions On Access: Contract, Trespass, And The Computer Fraud And Abuse Act, Maureen A. O'Rourke

Faculty Scholarship

Is copyright law relevant to the terms of access to information? Certainly, few would seriously contend that breaking into a locked filing cabinet to obtain access to a manuscript is not sanctionable, even if the intruder had some purpose that copyright law would applaud with respect to the information contained in the manuscript itself. Many instinctively believe that one must pay the asking price and respect the terms that accompany a copyrighted work or face the consequences under some set of laws like copyrights or contracts. In short, society likely generally believes that market forces regulate the conditions of access …

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Filmmakers Beware: Protecting Profits Through International Licensing Agreements, Harris E. Tulchin Jan 2002

Filmmakers Beware: Protecting Profits Through International Licensing Agreements, Harris E. Tulchin

Vanderbilt Journal of Entertainment & Technology Law

The discussion that follows provides a description of the typical license terms and a more in-depth treatment of three areas of primary importance to the agreement: (1) release requirements; (2) licensed rights terms; and (3) payment obligations. The agreement usually begins with a short description of the particular motion picture licensed, the title, and the key creative elements such as its stars, director, writer, and producer. It states the country or territory to which the motion picture is licensed. The agreement will generally provide for an overall term of a number of years from the availability of certain delivery materials, …

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The Evolution Of Corporate Law: A Cross- Country Comparison, Katharina Pistor, Yoram Keinan, Jan Kleinheisterkamp, Mark D. West Jan 2002

The Evolution Of Corporate Law: A Cross- Country Comparison, Katharina Pistor, Yoram Keinan, Jan Kleinheisterkamp, Mark D. West

Faculty Scholarship

The importance of law and legal institutions for economic development is widely acknowledged today. The invention of credit mechanisms to support long-distance trade has been hailed as one of the preconditions for the development of capitalism in Europe. The corporate form is regarded as another milestone for industrialization, the creation of viable market economies, and ultimately economic prosperity. Many former socialist countries quickly enacted new corporate codes or revived their pre-World War Two ("WWII") legislation. The failure of major privatization efforts to enhance enterprise efficiency is attributed to weaknesses in corporate governance, of which the corporate law is a crucial …

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Discretion In Long-Term Open Quantity Contracts: Reining In Good Faith, Victor P. Goldberg Jan 2002

Discretion In Long-Term Open Quantity Contracts: Reining In Good Faith, Victor P. Goldberg

Faculty Scholarship

Long-term contracts often promise to deliver the seller's full output, the buyer's requirements, or some variation on these. For example, an electric utility might enter into a thirty year contract with a coal mine promising that it will take all the coal needed to supply a particular generating plant. These open quantity contracts have raised two issues. The first is whether the promise was illusory. If the utility had no duty to take any coal, a court could have found that there was no consideration and, therefore, no contract. While there was a time when full output and requirements contracts …

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A Reexamination Of Glanzer V. Shepard: Surveyors On The Tort- Contract Boundary, Victor P. Goldberg Jan 2002

A Reexamination Of Glanzer V. Shepard: Surveyors On The Tort- Contract Boundary, Victor P. Goldberg

Faculty Scholarship

In international commodity transactions, intermediary certifiers of quantity and quality play a crucial role. Sometimes they err, and when they do, the aggrieved party can pursue remedies against the counterparty or against the intermediary, either in contract or tort. The remedy against the intermediary has depended, at least in part, on whether the plaintiff was in privity. Even absent privity, the aggrieved party could possibly recover in tort (or perhaps as a third-party beneficiary). So held Cardozo in the leading New York case Glanzer v. Shepard. Section I of this paper reviews the Glanzer litigation, with special emphasis on how …

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A Footnote For Jack Dawson, James J. White, David A. Peters Jan 2002

A Footnote For Jack Dawson, James J. White, David A. Peters

Articles

Jack Dawson, known to many at Michigan as Black Jack, taught at the Law School from 1927 to 1958. Much of his work was published in the Michigan Law Review, where he served as a student editor during the 1923-24 academic year. We revisit his work and provide a footnote to his elegant writing on mistake and supervening events. In Part I, we talk a little about Jack the man. In Part II, we recite the nature and significance of his scholarly work. Part III deals briefly with the cases decided in the last twenty years by American courts on …

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Default Rules In Sales And The Myth Of Contracting Out, James J. White Jan 2002

Default Rules In Sales And The Myth Of Contracting Out, James J. White

Articles

In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.

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"Money Can't Buy Me Love": A Contrast Between Damages In Family Law And Contract, Margaret F. Brinig Jan 2002

"Money Can't Buy Me Love": A Contrast Between Damages In Family Law And Contract, Margaret F. Brinig

Journal Articles

As my contribution to this symposium in David's honor, I submit the law and economics section of the damages chapter of our joint enterprise, Understanding Contracts. Because of David's failing health, my own involvement with the publisher never reached contract stage. The chapter concludes with a problem that illustrates some of the intricacies of mixing family law and contract. David and I grappled for some time with the answer to the problem, coming at it from our different points of view. On one occasion, David, with a twinkle, told me there was only one place where I was "absolutely wrong." …

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Promises, Trust, And Contract Law, Anthony J. Bellia Jr. Jan 2002

Promises, Trust, And Contract Law, Anthony J. Bellia Jr.

Journal Articles

The need for individuals to be able to trust that promises will be performed is central to justifying a law that renders certain promises enforceable. This Article argues that the legal enforcement of certain promises to meet this need does not necessarily diminish the personal relationships of trust in which such promises are made, as has been argued. Rather, this Article argues, the making and performance of legally enforceable promises can assist individuals in building relationships of trust, as it assists them in the pursuit of myriad goods.

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Wired, Wonderful West Virginia - Electronic Signatures In The Mountain State, Robin C. Capehart, Mark A. Starcher Jan 2002

Wired, Wonderful West Virginia - Electronic Signatures In The Mountain State, Robin C. Capehart, Mark A. Starcher

West Virginia Law Review

No abstract provided.

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On Justificiation And Method In Law Reform: The Contracts (Rights Of Third Parties) Act 1999, Andrew Phang Jan 2002

On Justificiation And Method In Law Reform: The Contracts (Rights Of Third Parties) Act 1999, Andrew Phang

Research Collection Yong Pung How School Of Law

The present article, whilst focusing on the English Contracts (Rights of Third Parties) Act 1999, does not canvass the more specific details of that Act which have been dealt with quite comprehensively elsewhere. The focus of this article is broader and is dual in nature. It will examine, first, the justification for the 1999 Act and, in particular, attempts to respond to the critique that the Act is wholly anathema to the underlying justification of the doctrine of privity itself. It will also consider whether or not the 1999 Act is an effective improvement over the existing (as well as …

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Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan Dec 2001

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan

Faculty Publications By Year

No abstract provided.

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Contracts-Breach Distinguished From Rescission Nov 2001

Contracts-Breach Distinguished From Rescission

Indiana Law Journal

No abstract provided.

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Secrecy In Law And Science, Jack B. Weinstein, Catherine Wimberly Nov 2001

Secrecy In Law And Science, Jack B. Weinstein, Catherine Wimberly

Cardozo Law Review

No abstract provided.

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Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Oct 2001

Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Trade Secrets, Non-Competes, and Unfair Competition held by UK/CLE in October 2001.

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Contract Reconceived, Peter A. Alces Oct 2001

Contract Reconceived, Peter A. Alces

Faculty Publications

No abstract provided.

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The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig Oct 2001

The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig

Journal Articles

When Michelle Marvin was forced to leave the home she shared with what today we would call her partner, Lee Marvin, she had a number of problems. The first ones, of course, were legal: she had no marriage with Lee and no written contract that could distinguish their relationship from "mere cohabitation." Nor had she contributed directly to his career or other assets. What she alleged was his express promise to "take care of her" (for some time period that was not altogether clear) and, less obviously, a promise implied by all she had done with and for him during …

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Could Fair Use Equal Breach Of Contract?: An Analysis Of Informational Web Site User Agreements And Their Restrictive Copyright Provisions, Matthew D. Walden Sep 2001

Could Fair Use Equal Breach Of Contract?: An Analysis Of Informational Web Site User Agreements And Their Restrictive Copyright Provisions, Matthew D. Walden

Washington and Lee Law Review

No abstract provided.

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Should The Law Ignore Commercial Norms? A Comment On The Bernstein Conjuncture And Its Relevance For Contract Law Theory And Reform, Jason Scott Johnston Jun 2001

Should The Law Ignore Commercial Norms? A Comment On The Bernstein Conjuncture And Its Relevance For Contract Law Theory And Reform, Jason Scott Johnston

Michigan Law Review

Professor Bernstein's study of the interaction between private law and norms in the cotton industry is the latest installment in her ongoing investigation into the relationship between law and norms in trades ranging from the diamond market to grain and feed markets. Her incredibly detailed and thorough exploration of private lawmaking and commercial norms - and their interaction - stands as one of the most significant contributions to contract and commercial law scholarship made in the last half-century. The cotton industry study upon which I focus in this Comment not only reports fascinating findings about dispute resolution practices, but also …

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Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein Jun 2001

Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein

Michigan Law Review

The cotton industry has almost entirely opted out of the public legal system, replacing it with one of the oldest and most complex systems of private commercial law. Most contracts for the purchase andsale of domestic cotton, between merchants or between merchants andmills, are neither consummated under the Uniform Commercial Code("Code") nor interpreted and enforced in court when disputes arise. Rather, most such contracts are concluded under one of several privately drafted sets of contract default rules and are subject to arbitration in one of several merchant tribunals. Similarly, most international sales of cotton are governed neither by state-supplied legal …

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Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin Jun 2001

Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

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