Sound The Alarm: Limitations Of Liability In Alarm Service Contracts,
2016
Fordham University School of Law
Sound The Alarm: Limitations Of Liability In Alarm Service Contracts, Joshua N. Cohen
Fordham Law Review
Home and business owners increasingly rely on alarm systems to protect against theft and property damage. When a burglary or fire occurs and an alarm service customer discovers that the alarm company negligently failed to call the police or fire department, the customer understandably would expect redress for the company’s failure to provide its service. Many customers would be surprised, though, to discover that an alarm company’s liability is often contractually limited to a relatively token amount unrelated to the cost of the service, even when the alarm company is negligent. Some states view these limitations of liability as exculpatory …
Private Lawmaking In Commercial Cyberspace,
2016
Singapore Management University
Private Lawmaking In Commercial Cyberspace, Eliza Mik
Research Collection Yong Pung How School Of Law
No discussion of “Law and Technology” would be complete without at least one essay centred on the Internet. While the Internet no longer captures our imagination with the same force as it did 20 years ago, we cannot assume that it no longer creates (or perpetuates?) multiple legal problems. When we talk about the Internet we must, however, refrain from the popular “Internet metanarrative” that often leads to superficial arguments and unhelpful generalisations.1 We must always remain aware of the multiplicity of the Internet’s technical applications and the wide range of legal contexts in which the term gains significance. Discussing …
Piedmont/Maple, Llc Et Al., Order On Plaintiffs' Motion For Summary Judgment On Defendant's Counterclaims, Motion To Exclude Opinion Information And Testimony, And Motion To Strike Affidavit Of David L. Eichenblatt,
2016
Fulton County Superior Court, Judge
Piedmont/Maple, Llc Et Al., Order On Plaintiffs' Motion For Summary Judgment On Defendant's Counterclaims, Motion To Exclude Opinion Information And Testimony, And Motion To Strike Affidavit Of David L. Eichenblatt, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Don’T Share This Item! Developing Digital Collections And Services In A Consumer‐Licensed World,
2016
North Carolina State University Libraries
Don’T Share This Item! Developing Digital Collections And Services In A Consumer‐Licensed World, William M. Cross, Darby Orcutt
Charleston Library Conference
Libraries have always faced unique challenges in providing non‐academic content for academic use, but the digital age has brought particular problems of “one size fits all” consumer purchase models and vexing methods of digital rights management (DRM), wrapped up with a large bow of legal uncertainty for many institutions. These proceedings describe some practices for sharing consumer‐licensed popular materials and confronting legal and technical barriers, as well as what some libraries are considering and encountering in applying the law, fair use, user expectations, and common sense in developing collections and services around digital content that is geared directly to end …
Gambling Contract Not Violative Of Public Policy,
2016
St. John's University School of Law
Gambling Contract Not Violative Of Public Policy
The Catholic Lawyer
No abstract provided.
Equitrade International, Inc. Et Al., Order,
2016
Fulton County Superior Court, Judge
Equitrade International, Inc. Et Al., Order, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Runzhou Zhang Et Al., Final Order And Judgment,
2016
Fulton County Superior Court, Judge
Runzhou Zhang Et Al., Final Order And Judgment, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines,
2016
University of Georgia School of Law
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Journal of Intellectual Property Law
No abstract provided.
Consumer Preferences For Performance Defaults,
2016
Texas A&M University School of Law
Consumer Preferences For Performance Defaults, Franklin G. Snyder, Ann M. Mirabito
Michigan Business & Entrepreneurial Law Review
Commercial law in the United States is designed to facilitate private transactions, and thus to enforce the presumed intent of the parties, who generally are free to negotiate the terms they choose. But these contracts inevitably have gaps, both because the parties cannot anticipate every situation that might arise from their relationship, and because negotiation is not costless. When courts are faced with these gaps in a litigation context, they supply default terms to fill them. These defaults usually are set to reflect what courts believe similar parties would have agreed to if they had addressed the issue. These “majoritarian” …
Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants,
2016
University of Arkansas Little Rock
Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell
University of Arkansas at Little Rock Law Review
No abstract provided.
Reasonable Standards For Contract Interpretations Under The Cisg,
2016
California Western School of Law
Reasonable Standards For Contract Interpretations Under The Cisg, Donald J. Smythe
Cardozo Journal of International and Comparative Law
The United Nations ("UN") Convention on Contracts for the International Sale of Good ("CISG") offers the promise of harmonizing international sales law and facilitating international trade and global commerce. But there is a "homeward trend bias" that may encourage domestic courts to construe the gaps in the CISG broadly and fill them with non-uniform domestic legal rules. Questions about contract interpretation under the CISG raise the same concerns about a homeward trend bias as questions about the interpretation of express CISG provisions. The CISG has express provisions governing contract interpretation but their application may not provide an unambiguous interpretation. This …
The Uniform Commercial Code Survey: Introduction,
2016
Texas A&M University School of Law
The Uniform Commercial Code Survey: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne Barnes
Faculty Scholarship
The survey that follows highlights the most important developments of 2015 dealing with domestic and international sales of goods, personal property leases, payments, letters of credit, documents of title, investment securities, and secured transactions. Along with the usual descriptions of interesting judicial decisions in these areas, which are highlighted in the survey, there has also been important legislative progress. The 2010 amendments to U.C.C. Article 9 have been adopted in all fifty states, the District of Columbia, and Puerto Rico. Those revisions were summarized in the Introduction to the 2009 survey. Additionally, the 2012 amendments to U.C.C. Article 4A, which …
A Comparative Study Of Party Autonomy And Its Limitations In International Contracts,
2016
University of Picardie Jules Verne
A Comparative Study Of Party Autonomy And Its Limitations In International Contracts, Sarah Laval
Cardozo Journal of International and Comparative Law
No abstract provided.
Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity,
2016
Texas A&M University School of Law
Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan
Faculty Scholarship
In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as property rights granted to encourage desirable innovation. This definition is a misfit as treating patents as property rights does a poor job of defining the limits of the patent rights as well as the public benefit goals of the system. This misfit gradually caused an imbalance in the rights versus duties construct within patent law. After a thorough analysis of the historical and philosophical perspectives of patent exclusivity, this Article …
Consumer Preferences For Performances Defaults,
2016
Texas A&M University School of Law
Consumer Preferences For Performances Defaults, Franklin G. Snyder, Ann M. Mirabito
Faculty Scholarship
Commercial law in the United States is designed to facilitate private transactions, and thus to enforce the presumed intent of the parties, who generally are free to negotiate the terms they choose. But these contracts inevitably have gaps, both because the parties cannot anticipate every situation that might arise from their relationship, and because negotiation is not costless. When courts are faced with these gaps in a litigation context, they supply default terms to fill them. These defaults usually are set to reflect what courts believe similar parties would have agreed to if they had addressed the issue. These "majoritarian" …
Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgments,
2016
University at Buffalo School of Law
Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgments, Tanya J. Monestier
Journal Articles
It is black-letter law that in order to recognize and enforce a foreign judgment, the rendering court must have had personal jurisdiction over the defendant. While the principle is clear, it is an open question as to whose law governs the question of personal jurisdiction: that of the rendering court or that of the recognizing court. In other words, is the foreign court’s jurisdiction over the defendant governed by foreign law (the law of F1), domestic law (the law of F2), or some combination thereof? While courts have taken a number of different approaches, it seems that many courts regard …
Cashman Equipment Co. V. West Edna Assocs., 132 Nev. Adv. Op. 69 (Sep. 29, 2016),
2016
Nevada Law Journal
Cashman Equipment Co. V. West Edna Assocs., 132 Nev. Adv. Op. 69 (Sep. 29, 2016), Andrew Hart
Nevada Supreme Court Summaries
The Court determined that (1) NRS 108.2457(5)(e) precludes enforcement of an unconditional release from a bottom-tiered contractor to a higher-tiered contractor, when the higher-tiered contractor properly paid the middle-tiered contractor, but the middle-tiered contractor failed to pay the bottom-tiered contractor; and (2) that equitable fault analysis may not be used to reduce an award in a mechanic’s lien case.
Uas Investments Llc Order On Uas Investments, Llc's Motion To Compel,
2016
Fulton County Superior Court, Judge
Uas Investments Llc Order On Uas Investments, Llc's Motion To Compel, Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Tin Star Development Llc Order On Motion To Partially Quash The Subpoena Directed To Community Bank Of The South,
2016
Fulton County Superior Court, Judge
Tin Star Development Llc Order On Motion To Partially Quash The Subpoena Directed To Community Bank Of The South, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Public Responsibllities Beyond Consent: Rethinking Contract Theory,
2016
Maurice A. Deane School of Law at Hofstra University
Public Responsibllities Beyond Consent: Rethinking Contract Theory, Leon E. Trakman
Hofstra Law Review
No abstract provided.
