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7,553 full-text articles. Page 130 of 190.

Contract Law [2015], Yihan GOH, Pey Woan LEE, Chee Ho THAM 2016 Singapore Management University

Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham

Research Collection Yong Pung How School Of Law

No abstract provided.


Restitution Of Non-Gratuitously Conferred Benefit In Malaysia: A Case For Sowing The Unjust Enrichment Seed, Alvin W. L. SEE 2016 Singapore Management University

Restitution Of Non-Gratuitously Conferred Benefit In Malaysia: A Case For Sowing The Unjust Enrichment Seed, Alvin W. L. See

Research Collection Yong Pung How School Of Law

This article draws on the common law of unjust enrichment to rationalize and develop the right to recover a non-gratuitously conferred benefit set out in section 71 of Malaysia’s Contracts Act 1950. This attempt at legal transplant and modern restatement is made in the hope of injecting principle and clarity into the antique section with the eventual goal of reviving it for practical and modern use.


Contract Law [2015], Yihan GOH, Pey Woan LEE, Chee Ho THAM 2016 Singapore Management University

Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham

Research Collection Yong Pung How School Of Law

No abstract provided.


The Unfinished Business Of Dodd-Frank: Reforming The Mortgage Contract, Christopher K. Odinet 2016 Texas A&M University School of Law

The Unfinished Business Of Dodd-Frank: Reforming The Mortgage Contract, Christopher K. Odinet

Faculty Scholarship

The standard residential mortgage contract is due for a reappraisal. The goals of Dodd-Frank and the CFPB are geared toward creating better stability in the residential mortgage market, in part, by mandating more robust underwriting. This is achieved chiefly through the ability-to-repay rules and the “qualified mortgage” safe harbor, which call for very conservative underwriting criteria to be applied to new mortgage loans. And lenders are whole-heartedly embracing these criteria in their loan originations — in the fourth quarter of 2015 over 98% of all new residential loans were qualified mortgages, thus resulting in a new wave of credit-worthy homeowners …


Southern Casaulty Order On Third Party Defendants' Motion To Dismiss Third Party Complaint, Melvin K. Westmoreland 2016 Fulton County Superior Court, Judge

Southern Casaulty Order On Third Party Defendants' Motion To Dismiss Third Party Complaint, Melvin K. Westmoreland

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

No abstract provided.


Southern Casualty Order On Motions To Dismiss, Melvin K. Westmoreland 2016 Fulton County Superior Court, Judge

Southern Casualty Order On Motions To Dismiss, Melvin K. Westmoreland

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

No abstract provided.


Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler 2016 University of Georgia School of Law

Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler

Georgia Journal of International & Comparative Law

No abstract provided.


Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley 2016 University of Georgia School of Law

Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley

Georgia Journal of International & Comparative Law

No abstract provided.


Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr. 2016 University of Georgia School of Law

Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke 2016 International Bank for Reconstruction and Development

Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke

Georgia Journal of International & Comparative Law

No abstract provided.


Homeland Self Storage Mgmt. Llc Et Al Order On Defedants' Motion For Summary Judgment, John J. Goger 2016 Fulton County Superior Court, Judge

Homeland Self Storage Mgmt. Llc Et Al Order On Defedants' Motion For Summary Judgment, John J. Goger

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

No abstract provided.


Ainealem "Alex" Gidewon Et Al Order On Defedants' Motion For Summary Judgment, John J. Goger, John J. Goger 2016 Fulton County Superior Court, Judge

Ainealem "Alex" Gidewon Et Al Order On Defedants' Motion For Summary Judgment, John J. Goger, John J. Goger

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

No abstract provided.


U.C.C. Section 2-207: When Does An Additional Term Materially Alter A Contract?, Timothy Davis 2016 The Catholic University of America, Columbus School of Law

U.C.C. Section 2-207: When Does An Additional Term Materially Alter A Contract?, Timothy Davis

Catholic University Law Review

In an effort to provide more clarity to a highly confusing area of law, Professor Timothy Davis surveyed ninety-four cases decided between January 1, 2005 and July 1, 2015 to see when additional terms in contracts constitute a material alteration under the U.C.C. The Article identifies the various factors that courts will consider to determine the issue, including (1) the subject matter of the additional term; (2) the test adopted for determining materiality; (3) the conduct of the parties; (4) the presence of course of dealing evidence; and (5) the language of comments four to U.C.C. section 2-207. Moreover, the …


A Complainant-Oriented Approach To Unconscionability And Contract Law, Nicholas Cornell 2016 University of Michigan Law School

A Complainant-Oriented Approach To Unconscionability And Contract Law, Nicholas Cornell

Articles

This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints against promissory wrongs. This conceptual distinction is easy to miss. If one assumes that complaints arise whenever an obligation has been violated, then the distinction does not seem meaningful. I show, however, that an obligation can be breached without giving rise to a valid complaint. This Article illustrates the importance of this conceptual distinction by focusing first on the doctrine of substantive unconscionability. I …


Matthew Campbell Et Al Order On Campbell's Motion To Enforce Settlement Agreement, Alice D. Bonner 2016 Fulton County Superior Court, Judge

Matthew Campbell Et Al Order On Campbell's Motion To Enforce Settlement Agreement, Alice D. Bonner

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

No abstract provided.


Buriva Llc Et Al Order Dismissing Case Without Prejudice, Elizabeth E. Long 2016 Fulton Count Superior Court Judge

Buriva Llc Et Al Order Dismissing Case Without Prejudice, Elizabeth E. Long

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

No abstract provided.


The Standard Investment Agreement: Text And Comments, Philippe Kahn 2016 Université de Dijon

The Standard Investment Agreement: Text And Comments, Philippe Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


Morris Hardwick Schneider Llc Et Al Order Denying Us's Mtn To Intervene And Stay, Melvin K. Westmoreland 2016 Fulton County Superior Court, Judge

Morris Hardwick Schneider Llc Et Al Order Denying Us's Mtn To Intervene And Stay, Melvin K. Westmoreland

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

No abstract provided.


990 Brady Ave. Llc Order On Defendant's Motion To Dismiss, Or Motion For Judgment On The Pleadings, John J. Goger 2016 Fulton County Superior Court

990 Brady Ave. Llc Order On Defendant's Motion To Dismiss, Or Motion For Judgment On The Pleadings, John J. Goger

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

No abstract provided.


Arbitrating Estoppel: Equitable Estoppel In Arbitration Contracts, Nicholas Oleski 2016 Cleveland-Marshall College of Law

Arbitrating Estoppel: Equitable Estoppel In Arbitration Contracts, Nicholas Oleski

Cleveland State Law Review

The Sixth Circuit and the district courts within the circuit have held that non-signatories to arbitration contracts may be compelled to arbitrate under the Federal Arbitration Act—even though they are not signatories to the arbitration contract. These courts reason that the non-signatories must arbitrate their claims because of an equitable estoppel theory. Although the Federal Arbitration Act displaces most state law regarding arbitration, the Supreme Court has held that federal courts must use state contract law to determine who is bound by an arbitration contract. This Note examines state contract law in the Sixth Circuit on equitable estoppel and concludes …


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