Contracts Commons^™

Newsletter Vol.22 No.2 1994, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Arbitration Awards In Shaff V. Skahill, Jacob Frumkin

University of the District of Columbia Law Review

In Shaff v. SkahilP the District of Columbia Court of Appeals held that arbitrators' awards may only be reviewed if the moving party alleges a violation of the District of Columbia Uniform Arbitration Act.2 From a policy perspective, this decision may be read as subverting the very objective it purports to support encouraging the use of arbitration.3 In brief, this decision may discourage homeowners from agreeing to arbitrate disputes and appears to penalize those who do. Furthermore, this decision may be read as weakening the Home Improvement Business Act4 by providing a loophole for unlicensed and unbonded de facto contractors. …

Class, Personality, Contract, And Unconscionability, Jeffrey L. Harrison

William & Mary Law Review

No abstract provided.

Newsletter Vol.22 No.1 1994, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Restrictive Covenants And Architectural Review: Some Suggested Standards, 27 J. Marshall L. Rev. 939 (1994), Allen Oshinski

UIC Law Review

No abstract provided.

Wrong Side Of The Mountain: A Comment On Bad Faith's Unnatural History, Robert H. Jerry Ii

Faculty Publications

In this Comment, I will argue that courts have ignored bad faith's contractual heritage and have undervalued contract law's ability to respond to insurer misconduct. To draw upon Professor Powers's thoughtful analysis, I believe that courts invoked the tort paradigm before it was clear that the contract paradigm was inadequate. For lack of data, I will stop short of recommending where we should go from here, but I will suggest that our behavior in the face of bad faith liability in tort may have changed no less than the environment and that the perceived relative calm in the tort's current …

Evolution Of Auditor Liability To Noncontractual Third Parties: Balancing The Equities And Weighing The Consequences, Jodi B. Scherl

American University Law Review

No abstract provided.

Check Fraud Litigation In Connecticut After The 1990 Revisions To The U.C.C., Timothy Fisher

Faculty Articles and Papers

No abstract provided.

Forum Selection Clauses In Florida, Brian Mattis

St. Thomas Law Review

This Article briefly summarizes the evolution of forum selection clauses in the United States in general, and in Florida in particular. The writer contends that McRae was incorrectly decided on constitutional and statutory grounds, and proposes steps which may be taken to overrule the McRae decision. Lastly, the Article addresses some forum selection problems raised by the United States Supreme Court's recent decision in Carnival Cruise.

Way We Live Now: A Discussion Of Contracts And Domestic Arrangements, The, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Samuel Williston's Struggle With Depression, Allen D. Boyer

Buffalo Law Review

No abstract provided.

The Restoration Interest And Damages For Breach Of Contract , Eric G. Andersen

Maryland Law Review

No abstract provided.

Will The Copyright Office Be Obsolete In The Twenty-First Century?, Pamela Samuelson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Role Of The Copyright Office In The Age Of Information, Eric Schwartz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Pragmatic Strategy For The Scope Of Sales Law, The Statute Of Frauds, And The Global Currency Bazaar, Raj Bhala

Faculty Publications

No abstract provided.

Conservator Overreaching And The Art Owner: Contractual Protections Against The Overzealous Restoration Of Fine Art, Peter Adelman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Potential Pitfall For The Unsuspecting Purchaser Of Repossessed Collateral: The Overlooked Interaction Between Sections 9-504(4) And 2-312(2) Of The Uniform Commercial Code, Robyn L. Meadows

American University Law Review

No abstract provided.

Contract Renegotiation, Mechanism Design, And The Liquidated Damages Rule, Eric L. Talley

Faculty Scholarship

The common law practice of refusing to enforce contractual penalties has long mystified law and economics scholars. After critiquing the prevailing law and economics analyses of the common law rule, Eric L. Talley reevaluates the penalty doctrine using the game theoretic technique of mechanism design, which facilitates the analysis of multiparty bargaining situations under various assumptions. Using this technique to model the allocational consequences of various enforcement regimes that courts might adopt with respect to stipulated damages clauses, Mr. Talley finds that penalty nonenforcement can increase economic efficiency by discouraging strategic behavior by the parties, thereby inducing more efficient contract …

...And Contractual Consent, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In Part I, the author contends that when economists persistently ignore the importance of contractual consent, they are missing the crucial problem of legitimacy. In Parts II and IV, he responds to the criticisms of his consent theory of contract advanced by Jay Feinman and Dennis Patterson. Both Feinman and Patterson object to the enterprise in which the author and others are engaging, and he explains why each is wrong to dismiss the current debate over default rules. Finally, in contrast, in Part III the author shows how Steven Burton's theory of default rules, which he finds most congenial, is …

The Power Of Presumptions, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Once you start to notice it, you see it everywhere. Burden-shifting is pervasive.The author began to notice the power of presumptions when examining how to protect the rights "retained by the people" referred to in the Ninth Amendment without having to enumerate each one. He proposed the creation of a "presumption of liberty" that would extend the same protective presumption now accorded freedom of speech to all other rightful exercises of liberty. This presumption would shift the burden to the government to justify as necessary and proper any restriction on the rightful exercise of any liberty.

Negligence, Contract, And Architects' Liability For Economic Loss, Matthew S. Steffey

Kentucky Law Journal

No abstract provided.

Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White

Other Publications

In my experience, lawyers begin negotiating only after the business people have decided upon the description and quality of the product, the time of delivery, and the mode and amount of payment. The lawyers are left with the pathological problems--who gets what in case of trouble. Most of those problems relate to the seller's responsibility if the product does not conform to the contract or otherwise fails to please the buyer. These failures can cause economic loss to the buyer, economic loss to a remote purchaser, or personal injury or property damage to immediate or remote parties. Third parties may …

The Effect Of Section 1-102(3) And 1-103 On Commercial Agreements Involving Ucc Tansactions: Should They Be Revised?, James J. White

Other Publications

Power to Modify Article 5 Obligations Under 1-102(3) and 1-203. see Sections 5-103(c) and 5-116(c) of Revised Article 5.

Persons speaking for issuing banks argued strongly in the Article 5 revision process that complete freedom of contract should prevail and that no provision should be made invariable . They argued successfully for the removal in current Section 5-109 of references to due care and they argued successfully against the inclusion of any similar obligation elsewhere in Article 5. Consequently Section 1-102(3) has no place to get a grip in Article 5--because no obligations of due care are expressed in the …

The Emerging Article 2: Remedies For Breach Of The Contract For Sale, Richard E. Speidel, James J. White

Other Publications

Article 2, Sales is being revised by a Drafting Committee of the National Conference of Commissioners on Uniform State Laws. To date, the Drafting Committee has held eight meetings and two more are scheduled for early 1995 . The first reading of revised Article 2 occurred at the annual meeting of NCCUSL in August, 1994. A target completion date for the Article 2 project is August, 1996 .

Article 5: Highlights Of The Proposed Revision, James J. White

Other Publications

I. The Current Status of Article 5: Drafting, Approval and Promulgation--The Most Significant Changes or Clarifications -- II. The Most Contentious Issues in the Revision of Article 5 -- III. More Subtle Questions About Revised Article 5

Newsletter Vol.21 No.4 1993, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

The Constitution, The Legislature, And Unfair Surprise: Toward A Reliance-Based Approach To The Contract Clause, Robert A. Graham

Michigan Law Review

This Note argues that the Court should return to a reliance-based approach to Contract Clause challenges, fashioned loosely along the same lines as the HRID. Although it does not advocate that the Court revivify the rules created by the early decisions, the Note proposes that the Court look to the private parties' expectations and, more specifically, to the reasonableness of those expectations in deciding the clause's applicability to a particular case. Part I provides a brief history of the Contract Clause and its development. This Part follows the clause from the Constitutional Convention through the 1980s to illustrate the Court's …

Contribution Arguments In Commercial Law, Steven Walt, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

The Boundaries Of Legal Discourse And The Debate Over Default Rules In Contract Law, Lawrence B. Solum

Faculty Scholarship

This essay analyzes the connection between two debates. The first, a debate in the theory of contract law, concerns the role of default rules as a device for specifying the obligations of the parties to a contract. The second, a debate in jurisprudence, addresses the question of the nature of the boundaries of legal discourse. These debates may be connected. The correct understanding of the limits of legal discourse arguably entails the conclusion that the default rules debate is based on confusion and mistake. The thesis of this essay is that, contrary to that conclusion, the best account of the …

Newsletter Vol.21 No.3 1993, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.