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Full-Text Articles in Legal Remedies

From Feudal Land Contracts To Financial Derivatives: The Treatment Of Status Through Specific Relief, John J. Chung Oct 2009

From Feudal Land Contracts To Financial Derivatives: The Treatment Of Status Through Specific Relief, John J. Chung

Law Faculty Scholarship

No abstract provided.


Maybe Dick Speidel Was Right About Court Adjustment, Robert A. Hillman Sep 2009

Maybe Dick Speidel Was Right About Court Adjustment, Robert A. Hillman

Cornell Law Faculty Publications

In a symposium to honor Professor Richard Speidel, a giant in the field of contract and commercial law for over four decades, this contribution argues that Speidel may have been correct in asserting that, in limited circumstances, court adjustment of disrupted long-term contracts makes sense. I assert that nothing courts have decided or writers have analyzed since the ALCOA case proves that court adjustment is wrong-headed. But, as with so many policy issues, we may never identify the "best" judicial approach to disrupted long-term contracts because resolution depends on too many variables and unknowns.


The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr. Jul 2009

The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal and practical aspects of ATMs in Tanzania. The major problems that were being examined are; the 24 hours operation on ATMs vis-à-vis system failure or error and the system of one bank allowing cardholders of another bank to use its ATMs. With the first problem, all banks in Tanzania with ATMs have attractive advertisements to customers that affirm sufficient services in any time of the day but in reality, the machines usually fail to respond the instructions of the cardholder regardless the fact that the cardholder inserts the card and …


Let Us Never Blame A Contract Breaker, Richard A. Posner Jun 2009

Let Us Never Blame A Contract Breaker, Richard A. Posner

Michigan Law Review

Holmes famously proposed a "no fault" theory of contract law: a contract is an option to perform or pay, and a "breach" is therefore not a wrongful act, but merely triggers the duty to pay liquidated or other damages. I elaborate the Holmesian theory, arguing that fault terminology in contract law, such as "good faith," should be given pragmatic economic interpretations, rather than be conceived of in moral terms. I further argue that contract doctrines should normally be alterable only on the basis of empirical investigations.


Willfulness Versus Expectation: A Promisor-Based Defense Of Willful Breach Doctrine, Steve Thel, Peter Siegelman Jun 2009

Willfulness Versus Expectation: A Promisor-Based Defense Of Willful Breach Doctrine, Steve Thel, Peter Siegelman

Michigan Law Review

Willful breach doctrine should be a major embarrassment to contract law. If the default remedy for breach is expectation damages designed to put the injured promisee in the position she would have been in if the contract had been performed, then the promisor's behavior-the reason for the breach-looks to be irrelevant in assessing damages. And yet the cases are full of references to "willful" breaches, which seem often to be treated more harshly than ordinary ones based on the promisor's bad/willful conduct. Our explanation is that willful breaches are best understood as those that should be prevented or deterred because …


Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic Mar 2009

Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic

Antonin I. Pribetic

A trilogy of interesting cases involving private international law recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the Charter in respect of the enforcement of a foreign judgment); (2) Teck Cominco Metals Ltd. v. Lloyd's Underwriters (a British Columbia case involving declaratory relief in the context of parallel proceedings and forum non conveniens); and (3) Yugraneft v. Rexx Management Corporation (an Alberta case which affirmed that the two-year limitation period under s.3 of Alberta's Limitations Act, governs when a party seeks the recognition and enforcement in Alberta …


Determining If Mandatory Arbitration Is “Fair”: Asymmetrically Held Information And The Role Of Mandatory Arbitration In Modulating Uninsurable Contract Risks, Paul B. Marrow Jan 2009

Determining If Mandatory Arbitration Is “Fair”: Asymmetrically Held Information And The Role Of Mandatory Arbitration In Modulating Uninsurable Contract Risks, Paul B. Marrow

NYLS Law Review

No abstract provided.


The Contemporary Guide To Negotiating The Author-Publisher Contract, Martin P. Levin Jan 2009

The Contemporary Guide To Negotiating The Author-Publisher Contract, Martin P. Levin

NYLS Law Review

No abstract provided.


Toa Construction Co., Inc. V. Tsitsires, Jessica Tong Jan 2009

Toa Construction Co., Inc. V. Tsitsires, Jessica Tong

NYLS Law Review

No abstract provided.


Las Aplicaciones Indebidas De Los Conceptos De Negocio Jurídico En El Código Civil Peruano De 1984 Luego De 25 Años De Su Vigencia, Rómulo Morales Dec 2008

Las Aplicaciones Indebidas De Los Conceptos De Negocio Jurídico En El Código Civil Peruano De 1984 Luego De 25 Años De Su Vigencia, Rómulo Morales

Rómulo Martín Morales Hervias

Durante la vigencia del Código Civil peruano de 1984, la normativa general denominada “Acto Jurídico” ha sido utilizada inadecuadamente por la doctrina, la jurisprudencia y la praxis. En este artículo se señalan varios ejemplos