Contracts Commons^™

Levy V. Mabat Building Ltd, Meir Shamgar, Dov Levin, Theodor Or

Translated Opinions

Facts: The appellants bought an apartment from the respondent. The apartment suffered from water penetration and the respondent failed to make effective repairs. After several years the appellants sued the respondent in the District Court for rescission of the contract, restitution of the purchase price and damages. The District Court found that the appellants were entitled to rescind the contract.

The main issue in the appeal was the ruling of the District Court that the appellants must pay the respondent a sum of $16,000 for use of the apartment during the years that they lived in it. The appellants argued …

Anderson Chemical V. Portals Water Treatment: Ensuring An Inherent Risk Of Business, Adrian Bradley Dozier Jr.

Mercer Law Review

In Anderson Chemical v. Portals Water Treatment, the United States District Court for the Middle District of Georgia addressed 'the issue of whether a document executed between two corporations regarding a proposed stock purchase merger and acquisition agreement constituted a binding contract for the sale of securities or a non-binding letter of intent. Specifically, the court addressed a scenario in which a proposed purchaser of securities in an alleged stock purchase agreement made certain oral representations that directly contradicted limiting language in a document executed between the proposed seller and purchaser. The seller then acted in reliance upon the …

Policing Employment Contracts Within The Nexus-Of-Contracts Firm, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

The Legal Infrastructure Of Markets: The Role Of Contract And Property Law Essay, Tamar Frankel

Faculty Scholarship

Markets are social institutions that facilitate exchange transactions. Therefore, they require a regime of freedom to exchange-a contract regime. Markets can be made more efficient by reducing the transaction and information costs for market actors. Such a reduction can be effected by standardizing the products exchanged, the terms of the transactions, and the nature of the rights transferred. Information costs can be reduced by publicizing the transactions' and by using the services of intermediaries

Reconsidering Consideration In The Restatement (Third) Of Suretyship, Peter A. Alces

William & Mary Law Review

No abstract provided.

The Reunification Of Contract Law: The Objective Theory Of Consumer Form Contracts, Michael I. Meyerson

University of Miami Law Review

No abstract provided.

The Reunification Of Contract: The Objective Theory Of Consumer Form Contracts, Michael I. Meyerson

All Faculty Scholarship

Despite the ubiquitousness of standard form contracts in the world of consumer transactions, there is no consensus as to how these contracts ought to be constructed. Some courts continue to treat form contracts as if they were classically negotiated contracts. Others attempt in a variety of ways to factor in the reality that consumers entering into these contracts are not able to negotiate the terms and almost always sign these documents, which are presented on a take-it-or-leave-it basis, without reading them. This article posits that the cause of this continued confusion over form contracts is due to a basic failure …

Newsletter Vol.21 No.2 1993, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Introduction, The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control, Symposium, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Coordination By Default, Richard Warner

All Faculty Scholarship

No abstract provided.

Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo

Washington and Lee Law Review

No abstract provided.

Contract Societies: Japan And The United States Contrasted, Shinichirō Michida, Veronica L. Taylor

Washington International Law Journal

This translation of an original Japanese language work by Michida Shinichirō contrasts the differences between the understanding of contractual obligations in the United States and in Japan. The translation cites specific differences between each country's statutes and case law, as well as distinct cultural factors that are important when considering respective understandings of contract in these societies. Translator's Introductory Note: This translation is intended to give readers an introduction to Japanese contract law theory and its operation in that society. Professor Shinichirō Michida was writing for a general audience in Japan, not simply for those with legal training. One of …

Restraints On Alienation Of Human Capital, Stewart E. Sterk

Articles

No abstract provided.

Newsletter Vol.21 No.1 1993, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers

Faculty Publications

During the last twenty years, there has been a revolution in antitrust law. As a result of extensive scholarly and judicial analysis, a new learning has developed concerning the content, role, and effect of antitrust doctrines. This trend has focused primarily on the primacy of consumer welfare and economic efficiency. Most commentators now assume that these two interrelated goals are the principal, if not exclusive, concerns of antitrust law. The United States Supreme Court has responded to these new approaches by modifying or altering antitrust law in a long series of cases. Similarly, the new learning has affected the focus …

Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky

Faculty Publications

Drawing from a model of bargaining behavior based on transaction cost economics, relational theories of contract,23 Williamsonian models of contracting behavior, and other economic insights, this Article argues that achieving the optimal solution for the complexities of bargaining relationships demands the adoption of a new legal default rule. This new default rule should have two aspects: First, the law should substantively recognize an implicit bargain, even in the absence of explicitly reciprocal communications. Second, the law should impose an obligation to perform that incorporates the terms of the parties' unexpressed, implicit bargain.

Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky

Faculty Publications

A central question of contract law remains: when should the law supply a term not expressly agreed to? Many scholars have addressed that question, yet the justification for law- supplied terms often remains unconvincing. Because many proposals to supply terms do not incorporate a comparative frameworkfor assessing the costs and benefits of legal interventions, they are incompletely justifled. This Article proposes that a comparative net benefit approach (developed in institutional economics to explain private arrangements) be adapted and expanded to resolve fundamental issues of legal intervention. This Article uses that framework to critique the (1) hypothetical bargain and (2) Ayres/Gertner …

Charles Evans Hughes And The Blaisdell Decision: A Historical Study Of Contract Clause Jurisprudence, 72 Or. L. Rev. 513 (1993), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

No abstract provided.

Firrea - Third Circuit Joins Other Circuits In Holding That Firrea Abolishes Preexisting Contracts Regarding Capital Requirements, Alison M. Bennett

Villanova Law Review (1956 - )

No abstract provided.

Reassessing The Sophisticated Policyholder Defense In Insurance Coverage Litigation, Jeffrey W. Stempel

Scholarly Works

Insurance law often is ironically regarded as both consistent and confusing. However, the 1980s saw significant flowering in the development of an insurance coverage interpretation doctrine that, although seriously flawed in its present form, offers the as yet untapped potential of substantial improvement in judicial construction of commercial insurance policies through seemingly inconsistent treatment of insurance coverage disputes.

During the past two decades, in response to the prodding of lawyers representing insurers, courts have increasingly noted that not all insurance policyholders are equal. Some have more money and bargaining clout than others. Some have more sophistication and understanding about the …

Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form, Private Jurisprudence Of Substance, James Boyle

Faculty Scholarship

No abstract provided.

Book Review Of The Government Contracts Reference Book, James S. Heller

Library Staff Publications

No abstract provided.

Legal Implications Of The Virtual Enterprise, Jan Gerhard Werner

LLM Theses and Essays

With technologies changing so rapidly today, being competitive in the market often requires corporations to form alliances and new types of relationships. One of these relationships is a Virtual Enterprise, which are similar to joint ventures and strategic alliances but are less formal, short lived, and highly flexible. Virtual Enterprises are especially useful when developing or producing computer products, biotechnology, telecommunications, industrial equipment, and consumer electronics. The characteristics of a Virtual Enterprise along with the special problems attorneys face in supporting their development, maintenance, and termination are analyzed in this thesis. Due to the informal and fast change nature of …

Controlling The Franchiser's Right To Cancel The Franchise Relationship: Fairness As An Underlying Principle, Mirja Huovinen

LLM Theses and Essays

Franchises are critically important arrangements for the distribution of goods and services in the US. It has been estimated that a third of all retail sales occur through franchising. Franchising is a cooperative arrangement, in which the franchisor and the franchisee are both investors. The franchiser contributes its name, expertise, and resources. But franchisee adds its own investment, gains its own ownership and vitally interested in the success of the venture. Chapter II introduces generally the chief elements of a franchise relationship, and special problems and alternative solution concerning franchise cancellation situations. In a franchise relationship, the franchisor acts as …

Non-Conforming Tender And Attempt At Cure: A Comparative Study Of The Uniform Code And The United Nations Convention On Contracts For The International Sale Of Goods, Wei Mou

LLM Theses and Essays

The seller’s right to cure in case of a breach is an area of significance in domestic as well as international sales. In resolving conflict between trading parties due to the breach, the seller’s cure of the non-conforming tenders is generally recognized as the most effective and economically sound measure to avoid litigation costs, minimize damages, and time waste, and most importantly, achieve respective contractual purposes of the parties. This thesis will attempt to illustrate significant differences between CISG and U.C.C. as to basic policies governing of contract, remedies available to the buyer in response to the seller’s breach, and …

Feminism And Disciplinarity: The Curl Of The Petals, Carol Sanger

Faculty Scholarship

In this Symposium, feminism has been invited to take a place alongside such well-established disciplines as history, philosophy, and economics in a consolidated exploration of interdisciplinary approaches to law. While sincerely extended – the feminist entry is not the only one that women are writing – and generously unbounded as to scope, ... the invitation raises what for many is a prior question: Is feminism a discipline at all?

As the feminist delegate to this interdisciplinary Symposium, I have therefore taken as my initial task consideration of the issue implicit in the invitation: feminism's credentials as a discipline. I explore …

Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow

Northwestern Journal of International Law & Business

It is not my intention to explicate China's Foreign Economic Contract Law (FECL), the Joint Venture Law (JVL), or the Foreign Enterprise Income Tax Law (FEITL). The analysis of these codes has been done in great detail by others.' Instead, I will examine the actual behavior of the most important actors governed by this set of laws-the Chinese and foreign enterprises that work with one another and which must find ways to resolve their competing claims. In this study, I will examine the tension between Chinese and foreign firms by focusing on several specific and limited questions having to do …

An Exception To The Levandusky Business Judgment Rule: Owner And Shareholder Interests In Condominium And Cooperative Board Decisions, Randolph C. Gwirtzman

Cardozo Law Review

No abstract provided.

Good Cause And Just Expectations: Academic Tenure In Oklahoma's Public Colleges And Universities, Harry F. Tepker

Faculty Articles

No abstract provided.

Beyond Agency Costs: Managing The Corporation For The Long Term, Aleta Estreicher

Articles & Chapters

No abstract provided.