Contracts Commons^™

Morris Hardwick Schneider, Llc Order On Plaintiff's Motion To Compel, Kelly Lee Ellerbee

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi

Centre for AI & Data Governance (2019-2025)

A ‘Contracting Problem’ arises when software is used to autonomously enter into contracts without human input. Questions arise as to how and whether there can be an expression of an objective intention to be legally bound. This article considers three leading solutions to the Contracting Problem. The ‘Mere Tools Theory’, which views software as ‘mere tools’ of communication, is too harsh as it binds users to any software malfunction. The Agency Approach, which treats software as Electronic Agents, capable of contracting on behalf of their users, is untenable as it ascribes unrealistic characteristics to software. The article submits that the …

Drummond Financial Services, Llc, Order On Pending Motions And Discovery Disputes, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Premier Porfolio 2, Llc Order On Motion To Dismiss, Elizabeth E. Long

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Morris Hardwick Schneider, Llc Order Striking Defendant Divot Holdings, Llc's Answer, Kelly Lee Ellerbee

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Bronner V. Hardy Et Al., Order On Pending Motions For Summary Judgment, Melvin Westmoreland

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Cambridge Swinerton, Llc, Order Denying Defendant New Alenco Windows, Ltd.'S Motion To Transfer Venue, Alice D. Bonner

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Data-Informed Duties In Ai Development, Frank A. Pasquale

Faculty Scholarship

Law should help direct—and not merely constrain—the development of artificial intelligence (AI). One path to influence is the development of standards of care both supplemented and informed by rigorous regulatory guidance. Such standards are particularly important given the potential for inaccurate and inappropriate data to contaminate machine learning. Firms relying on faulty data can be required to compensate those harmed by that data use—and should be subject to punitive damages when such use is repeated or willful. Regulatory standards for data collection, analysis, use, and stewardship can inform and complement generalist judges. Such regulation will not only provide guidance to …

The Role Of International Rules In Blockchain-Based Cross-Border Commercial Disputes, Tonya M. Evans

Law Faculty Scholarship

[excerpt] The concept of online dispute resolution (ODR) is not new. 1 But, with the advent of Web 3.0, the distributed web that facilitates pseudonymous and cross-border transactions via blockchain's distributed ledger technology, 2 the idea of, and pressing need for, appropriate dispute resolution models for blockchain-based disputes to support this novel system of distributed consensus and trust of which blockchain proponents boast, is a primary concern in rapid development. 3 The common goal of each project is to utilize smart contracts to facilitate "superior, quicker[,] and less expensive proceedings by eliminating so many of the tedious and protracted trappings …

Contracting Around The Hague Service Convention, Robin Effron, John F. Coyle, Maggie Gardner

Faculty Scholarship

No abstract provided.

The Adr Loophole To Restrictive Non-Compete Agreements, Jad Itani

Marquette Intellectual Property Law Review

This Comment considers a key question: do employers have a strategy to protect themselves if these restrictive states are restricting corporations from protecting their self-developed trade secrets? In doing so, Part II will discuss an approach that may allow employers to potentially circumvent the restrictive states. This can be achieved by requiring an employee to undergo private arbitration in a dispute with an employer—a strategy that has gained validity in light of the United States Supreme Court’s holding that upholds arbitration clauses even where significant public policy concerns exist. Specifically, an employer in a restrictive state could potentially enforce an …

Smart Contracts In Traditional Contract Law, Or: The Law Of The Vending Machine, Jonathan Rohr

Cleveland State Law Review

Smart contracts are the new norm, yet state legislatures and courts have not developed set rules and answers to legal disputes that these contracts create. Is traditional contract law sufficient? Or should we create an entirely new legislative or common law scheme to deal with these disputes? The common law has proven to be successful in dealing with new technologies and contracts, particularly because of its flexibility. Although a major overhaul may be in the future, there are still solutions that we can find today with the current legal landscape given the state of contract law and its evolution over …

A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel

Brandeis School of Law Faculty Scholarship

One might expect a court to look very skeptically when a party to a personal injury release asks a court to set aside the release. But many courts have reacted atypically when injured parties who have settled their claims have sought to have those releases set aside on the basis of a lack of understanding or knowledge about the injury. Absent facts supporting a claim of fraud or duress, injured parties have turned to the mistake doctrine for relief.

The Faulty Foundation Of The Draft Restatement Of Consumer Contracts, Adam J. Levitin, Nancy Kim, Christina L. Kunz, Peter Linzer, Patricia A. Mccoy, Juliet M. Moringiello, Elizabeth A. Renuart, Lauren E. Willis

Faculty Scholarship

Professor Gregory Klass's replication study of the Draft Restatement of the Law of Consumer Contract's empirical analysis of privacy policies found troubling and pervasive problems with the Reporters' coding of cases. We extended Professor Klass's study with a replication of the coding of the two largest datasets supporting the Draft Restatement, those on the enforceability of unilateral contract modifications and those on the enforceability of clickwrap assent. For the replication, we reviewed 186 cases blind to the Reporters' coding.

We found that nearly two-thirds of the cases in the unilateral modification dataset were irrelevant to the hypothesis tested by the …

Turning Wisconn Valley Into The Next Silicon Valley: Reforming Wisconsin Non-Compete Law To Attract High-Tech Employers, Kelly Krause

Marquette Law Review

The July 2017 arrival of Taiwanese tech-giant Foxconn and the

establishment of the Wisconn Valley Science and Technology Park in Wisconsin

reflects a larger trend in the United States to reinvent the nation’s

manufacturing economy with high-tech production. High-tech employers have

substantial interests in retaining employees in order to protect their valuable

proprietary information and market share. Non-compete agreements, also

known as restrictive covenants or covenants not to compete, are often the legal

device used to secure these interests. This Comment argues that to attract and

retain employers in the tech industry, Wisconsin should reform its non-compete

law by adopting …

American V. British Rule: The Impact Of James G. Davis Construction Corp. V. Hrgm Corp. On Fee-Shifting Provisions In The Maryland And D.C. Area, Maxwell Terhar

American University Business Law Review

No abstract provided.

The Singapore Convention And The Metamorphosis Of Contractual Litigation, Jean-Christophe Boulet

Cardozo Journal of Conflict Resolution

This article addresses the grounds provided for in Article 5 of the Singapore Convention for the refusal of enforcement of a settlement agreement or for the refusal of a settlement agreement as evidence that the dispute has been resolved. It is divided into three sections. The first section briefly places these grounds in the context of the Singapore Convention as a whole as well as the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The second section is devoted to a more detailed examination of the various grounds listed in Article 5 of the Convention, …

Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule

Faculty Publications

Smart contracts built in the blockchain are quietly revolutionizing traditional transactions despite their questionable status under current law. At the same time, disputes regarding smart contracts are inevitable, and par-ties will need means for dealing with smart contract issues. This Article tackles this challenge, and proposes that parties turn to online dispute resolution (“ODR”) to efficiently and fairly resolve smart contract disputes. Furthermore, the Article acknowledges the benefits and challenges of current blockchain ODR start-ups, and proposes specific ideas for how designers could address those challenges and incorporate ODR to provide just resolutions that will not stymie efficiencies of smart …

Online Terms As In Terrorem Devices, Colin P. Marks

Faculty Works

Online shopping has quickly replaced the brick-and-mortar experience for a large portion of the consuming public. The online transaction itself is rote: browse items, add them to your cart, and check out. Somewhere along the way, the consumer is likely made aware of (or at least exposed to) the merchant's terms and conditions, via either a link or a pop-up box. Such terms and conditions have become so ubiquitous that most consumers would be hardpressed to find a merchant that doesn't try to impose them somewhere on their website. Though such terms and conditions are pervasive, most consumers do not …

Contracts Mattered As Much As Copyrights, Robert W. Gomulkiewicz

Articles

Scholars have begun to appreciate the fundamental role that contracts played in the development of copyrights. Contracts gave copyrights vitalilty. This article explores the network of book publishing contracts that formed the legal infrastructure for a pre-modern “internet” at the dawn of copyright law in Great Britain in the eighteenth century. Drawing on insights from archival research, the article shows how this network of copyright contracts advanced an important goal of copyright: the spread of ideas and information throughout all parts of society. Appreciating the historical significance of copyright contracts provides valuable context for modern debates about copyright policy. Indeed, …