Contract Law [2015],
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,
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],
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,
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,
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,
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,
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,
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,
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,
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,
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,
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?,
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,
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,
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,
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,
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,
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,
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,
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 …
