Contracts Commons^™

Law Wars: Australian Contract Law Reform Vs. Cisg Vs. Cesl, Lisa Spagnolo

Villanova Law Review (1956 - )

No abstract provided.

Cisg As Basis Of A Comprehensive International Sales Law, Larry A. Dimatteo

Villanova Law Review (1956 - )

No abstract provided.

Contractual Interpretation In Indian Evidence Act Jurisdictions: Compatibility With Modern Contextual Approach, Yihan Goh

Research Collection Yong Pung How School Of Law

This paper examines the approaches towards contractual interpretation taken by Commonwealth jurisdictions governed by the Indian Evidence Act. While some of these jurisdictions import the modern contextual approach into their domestic approaches, it will be argued that it is largely compatible with the Indian Evidence Act. In particular, it will be shown that a limited adoption of the modern contextual approach is permissible, namely one involving the limited admissibility of extrinsic evidence to interpret contracts, subject to the requirement of ambiguity. An integrated approach may represent the best way of following the modern contextual approach, while remaining faithful to the …

Australia's Proposed Exercise In Contract Law Reform: International Convergence And Regional Implications, Basil C. Bitas

Research Collection Yong Pung How School Of Law

In July 2012, the Australian Attorney-General’s Department began soliciting comment regarding the best way to reform Australian contract law to render it more suitable for the demands of 21st century commerce. The effort marks an appreciation of the changing commercial environment and challenges the traditional common law preference for piecemeal, organic reform through case law. The proposed effort has implications for the global convergence of legal systems and further poses practical questions as to what form any such contractual reform should take. Codification in the European, civil law sense is a possible but unlikely outcome. A persuasive but non-binding restatement …

A Psychology Of Choice Of Laws, Gary Low

Research Collection Yong Pung How School Of Law

There is certainly a lot of choice going around in the market for contract law. This is a good thing, since choice is key to self-determination and may help improve our laws. Yet there may be such a thing as choice overload, and the introduction of the Common European Sales law is a timely reminder to consider its effect for the market for contract law. This article does just that. It explains what choice overload is, why it comes about, and what can be done to ameliorate its effects. The conclusion is that CESL will not cause choice overload but …

A Psychology Of Choice Of Laws, Gary Low

Research Collection Yong Pung How School Of Law

There is certainly a lot of choice going around in the market for contract law. This is a good thing, since choice is key to self-determination and may help improve our laws. Yet there may be such a thing as choice overload, and the introduction of the Common European Sales law is a timely reminder to consider its effect for the market for contract law. This article does just that. It explains what choice overload is, why it comes about, and what can be done to ameliorate its effects. The conclusion is that CESL will not cause choice overload but …

Summary Of Khan V. Bakhsh, 129 Nev. Adv. Op. 57, Sara Stephan

Nevada Supreme Court Summaries

Appeal of the district court’s order excluding the use of extrinsic evidence under the statute of frauds. The Court held that the statute of frauds does not apply to a writing that is subsequently lost or destroyed, and oral evidence is admissible to prove the existence and terms of that lost or destroyed writing. The Court reversed and remanded the lower court’s decision for further proceedings.

Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein

Cardozo Law Review

The market for public-private contracting is huge and flawed. Privatization proponents predict that privatizing will both cut costs and improve service quality. But public-private contracts for services such as prisons and welfare administration tend to result in cost savings at the sacrifice of quality service. For instance, to cut costs, private prisons skimp on security. Public law scholars have studied these problems for decades and have proposed various public law solutions. But the literature is incomplete because it does not approach the problem through a commercial lens. This Article fills that gap by applying contract-theory principles to public-private contracting.

It …

Order On Joint Motion To Seal Record (Zelby), Elizabeth E. Long

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

No abstract provided.

Transitive Counterparty Risk And Financial Contracts, Manuel A. Utset

Scholarly Publications

No abstract provided.

Lock-Up Creep, Christina M. Sautter, Steven M. Davidoff

Journal Articles

The article discusses a reported increase in the number of merger agreement lock-ups that have occurred as of June 2013, focusing on the causes of lock-up creep and its potential impact on the takeover market. It states that lock-up creep is a phrase that is used to describe a rise in the number and type of merger agreement contractual devices that buyers and sellers negotiate in an acquisition agreement. Attorney negotiations, bidders, and various legal cases are examined.

Washington's Electronic Signature Act: An Anachronism In The New Millennium, Stephanie Curry

Washington Law Review

Today, electronic contracting is at the forefront of how consumers, governments, and businesses conduct their affairs. Over the last several decades, electronic contracting has taken on new forms that have raised doubts about contract formation and enforceability. In order to facilitate commerce, the federal government and forty-nine states have responded by passing legislation that gives broad legal recognition to electronic signatures. Washington State is currently the only state that has not updated its electronic signature statute to comport with modern technology and ways of doing business. As a result, Washington’s Electronic Authentication Act is likely preempted by federal law, and …

Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic

Touro Law Review

No abstract provided.

Summary Of Galardi V. Naples Polaris, Llc, 129 Nev. Adv. Op. 33, A. J. Hames

Nevada Supreme Court Summaries

This dispute arose out of a written option contract. Under the contract, respondent Naples Polaris (Naples) had the right to purchase Las Vegas real property from appellants Jack Galardi and Birdie, LLC (together, Galardi), for $8 million “cash.” The property was subject to a deed of trust securing approximately $1.3 million in debt. The issue was whether the option contract required Galardi to deliver clear title, or whether Naples would take title subject to the $1.3 million debt. Trade usage and industry custom were used to interpret the contract, even though it was unambiguous.

Boilerplate Symposium I: Peter Alces On Consent, Peter A. Alces

Popular Media

No abstract provided.

Book Review - Keyes: Keyes’ Encyclopedic Dictionary Of Procurement Law , Overton A. Currie, Mary Jane Armour

Pepperdine Law Review

No abstract provided.

Deposits: At The Intersection Of Contract, Restitution, Equity And Statute, Tiong Min Yeo

2009 Yong Pung How Professorship of Law Lecture

Whether a partial payment is recoverable in restitution by a party in breach of contract depends on the classification of the payment as a deposit or a part-payment. A part payment may be recoverable in unjust enrichment if the contract is terminated and a vitiating factor can be found (usually total failure of consideration in this context), and subject to a counterclaim for damages. However, a deposit is intended to be earnest for performance and will not be recoverable, at least generally. Six questions will be considered: (1) Is the penalty rule applicable to a deposit? (2) If not, is …

Chinese Contract Formation: The Roles Of Confucianism, Communism, And International Influences, Amy Lee Rosen

University of Miami International and Comparative Law Review

China has opened its doors to the world so understanding Chinese contract law is crucial to succeeding in international business transactions. The United States and China are both signatories to the United Nations Convention on Contracts for the International Sale of Goods (CISG), and both nations have declared that neither are bound under Article 1(1)(b), which means that if a contractual conflict arises, the domestic law of either nation may apply when interpreting the contract. China only requires offer and acceptance whereas the United States requires mutual assent and consideration, so contract interpretation may be problematic. Beyond offer and acceptance, …

Vertical Boilerplate, James Gibson

Law Faculty Publications

Despite what we learn in law school about the “meeting of the minds,” most contracts are merely boilerplate—take-it-or-leave-it propositions. Negotiation is nonexistent; we rely on our collective market power as consumers to regulate contracts’ content. But boilerplate imposes certain information costs because it often arrives late in the transaction and is hard to understand. If those costs get too high, then the market mechanism fails. So how high are boilerplate’s information costs? A few studies have attempted to measure them, but they all use a “horizontal” approach—i.e., they sample a single stratum of boilerplate and assume that it represents the …

Beaten To "Submissions": Talent Agents Score A Victory Over Managers On Submissions Of Motion Picture Screenplays, Matthew H. Schwartz

Journal of the National Association of Administrative Law Judiciary

No abstract provided.