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Summary Of Khan V. Bakhsh, 129 Nev. Adv. Op. 57, Sara Stephan 2013 Nevada Law Journal

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.


A Psychology Of Choice Of Laws, Gary LOW 2013 Singapore Management University

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 2013 Singapore Management University

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 …


Order On Joint Motion To Seal Record (Zelby), Elizabeth E. Long 2013 Fulton County Superior Court

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 2013 Florida State University College of Law

Transitive Counterparty Risk And Financial Contracts, Manuel A. Utset

Scholarly Publications

No abstract provided.


Lock-Up Creep, Christina M. Sautter, Steven M. Davidoff 2013 Louisiana State University Law Center

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 2013 University of Washington School of Law

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 2013 Touro University Jacob D. Fuchsberg Law Center

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 2013 Nevada Law Journal

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 2013 William & Mary Law School

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 2013 Pepperdine University

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 2013 Singapore Management University

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 2013 University of Miami Law School

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 2013 University of Richmond

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 2013 Pepperdine University

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.


The Final Cut: How Sag's Failed Negotiations With Talent Agents Left The Contractual Rights Of Rank-And-File Actors On The Cutting Room Floor, Kelli Shope 2013 Pepperdine University

The Final Cut: How Sag's Failed Negotiations With Talent Agents Left The Contractual Rights Of Rank-And-File Actors On The Cutting Room Floor, Kelli Shope

Journal of the National Association of Administrative Law Judiciary

The following article will explore the impact SAG, talent agents, and lawmakers each have on the contractual rights of rank-and-file actors in light of the termination of Rule 16(g). Section II discusses actors' prior contractual rights under the collective bargaining agreement and how failed negotiations with talent agents left actors vulnerable to unfair contracts. Section III explores the new standard agency contract utilized by agents and the resulting legal implications for actors. Section IV details and evaluates the substance of the TAA, one of the few remaining legal protections for actors. Section V exposes the shortcomings of the TAA and …


Summary Of Holcomb Condo. Hoa V. Stewart Venture, 129 Nev. Adv. Op. No. 18, Drew Wheaton 2013 Nevada Law Journal

Summary Of Holcomb Condo. Hoa V. Stewart Venture, 129 Nev. Adv. Op. No. 18, Drew Wheaton

Nevada Supreme Court Summaries

The Court considered whether statutory limitation periods for constructional defects may be contractually modified by parties to residential unit purchase agreements. The Court examined if the district court’s dismissal of Holcomb Condominium Homeowners’ Association’s (HCHA) negligence-based claims was proper under NRS 116.4116. The Court also analyzed if a contractual reduction of the six-year limitations period of a warranty claim, as found within an arbitration agreement attached to and incorporated by a purchase contract, satisfied the “separate instrument” requirement of NRS 116.4116. Lastly, the Court looked at whether the district court erred in denying HCHA’s repeated requests to amend its complaint.


Online Certificate Program For International Commercial Law And International Alternative Dispute Resolution, Vikki Rogers 2013 Law School, Pace University

Online Certificate Program For International Commercial Law And International Alternative Dispute Resolution, Vikki Rogers

Cornerstone 3 Reports : Interdisciplinary Informatics

No abstract provided.


Remedies: A Guide For The Perplexed, Doug Rendleman 2013 Washington and Lee University School of Law

Remedies: A Guide For The Perplexed, Doug Rendleman

Scholarly Articles

Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …


Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis 2013 Steptoe & Johnson PLLC

Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis

West Virginia Law Review

No abstract provided.


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