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7,517 full-text articles. Page 169 of 189.

Markets As A Moral Foundation For Contract Law, Nathan B. Oman 2012 William & Mary Law School

Markets As A Moral Foundation For Contract Law, Nathan B. Oman

Faculty Publications

No abstract provided.


Contracts Written In Stone: An Examination Of United States V. Winstar Corp., Mark T. Cramer 2012 Pepperdine University

Contracts Written In Stone: An Examination Of United States V. Winstar Corp., Mark T. Cramer

Pepperdine Law Review

No abstract provided.


Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi 2012 Pepperdine University

Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi

Pepperdine Law Review

No abstract provided.


Interpretation And Construction In Altering Rules, Gregory Klass 2012 Georgetown University Law Center

Interpretation And Construction In Altering Rules, Gregory Klass

Georgetown Law Faculty Publications and Other Works

This essay is a response to Ian Ayres's, "Regulating Opt-Out: An Economic Theory of Altering Rules," 121 Yale L.J. 2032 (2012). Ayres identifies an important question: How does the law decide when parties have opted-out of a contractual default? Unfortunately, his article tells only half of the story about such altering rules. Ayres cares about rules designed to instruct parties on how to get the terms that they want. By focusing on such rules he ignores altering rules designed instead to interpret the nonlegal meaning of the parties' acts or agreement. This limited vision is characteristic of economic approaches to …


Setting Aside An Award Over The Mis-Application Of A Choice Of Law Clause: Quarella Spa V Scelta Marble Australia Pty Ltd [2012] Sghc 166, Darius CHAN 2012 Singapore Management University

Setting Aside An Award Over The Mis-Application Of A Choice Of Law Clause: Quarella Spa V Scelta Marble Australia Pty Ltd [2012] Sghc 166, Darius Chan

Research Collection Yong Pung How School Of Law

In Quarella SpA v Scelta Marble Australia Pty Ltd [2012] SGHC 166, the High Court of Singapore (per Prakash J) rejected an application to set aside two related arbitration awards. The ground for setting aside was an alleged misinterpretation of a choice of law clause by the tribunal. In rejecting the application, the High Court demonstrated its unwillingness to set aside an award when the tribunal has considered and respected the choice of law clause (regardless of the interpretation the tribunal ultimately preferred). Notably, the High Court did not close the door on instances where the tribunal may have failed …


Promises Policies And Principles The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman 2012 Barry University

Promises Policies And Principles The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Bad Faith At Middle Age: Comments On The Principle Without A Name (Yet), Insurance Law, Contract Law, Specialness, Distinctiveness, And Difference, Robert H. Jerry II 2012 University of Missouri School of Law

Bad Faith At Middle Age: Comments On The Principle Without A Name (Yet), Insurance Law, Contract Law, Specialness, Distinctiveness, And Difference, Robert H. Jerry Ii

Faculty Publications

In this article, Robert Jerry expounds on Professor Abraham's article on insurer liability for bad faith by pointing out that the concept of institutional bad faith is not a new phenomenon, but rather, one that is as old as the insurance industry itself Jerry focuses on Abraham's depiction of the "specialness" and "distinctiveness" of insurance, while exploring additional instances of "rotten to the core" systemic bad faith dating as far back as the nineteenth-century. Much like Abraham did in his article on bad faith, Jerry uses these examples of systemic bad faith to further his assertion that the insurance industry, …


Side Letters, Incorporation By Reference And Construction Of Contractual Relationships Memorialized In Multiple Writings, Royce de R. Barondes 2012 University of Missouri School of Law

Side Letters, Incorporation By Reference And Construction Of Contractual Relationships Memorialized In Multiple Writings, Royce De R. Barondes

Faculty Publications

This article will examine the legal principles applicable to contractual relationships memorialized in multiple writings.


Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit, Andrew T. Langford 2012 Indiana University - Maurer School of Law, Bloomington, IN

Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit, Andrew T. Langford

IP Theory

No abstract provided.


Employing Arbitration: Flsa Collective Actions Post-Concepcion, Iliza Bershad 2012 Benjamin N. Cardozo School of Law

Employing Arbitration: Flsa Collective Actions Post-Concepcion, Iliza Bershad

Cardozo Law Review

No abstract provided.


Bad Faith At Middle Age: Comments On “The Principle Without A Name (Yet),” Insurance Law, Contract Law, Specialness, Distinctiveness, And Difference, Robert H. Jerry II 2012 University of Florida Levin College of Law

Bad Faith At Middle Age: Comments On “The Principle Without A Name (Yet),” Insurance Law, Contract Law, Specialness, Distinctiveness, And Difference, Robert H. Jerry Ii

UF Law Faculty Publications

In this article, Robert Jerry expounds on Professor Abraham's article on insurer liability for bad faith by pointing out that the concept of institutional bad faith is not a new phenomenon, but rather, one that is as old as the insurance industry itself. Jerry focuses on Abraham's depiction of the "specialness" and "distinctiveness" of insurance, while exploring additional instances of "rotten to the core" systemic bad faith dating as far back as the nineteenth century. Much like Abraham did in his article on bad faith, Jerry uses these examples of systemic bad faith to further his assertion that the insurance …


Legal Tolerance Toward The Business Lie And The Puffery Defense: The Questionable Assumptions Of Contract Law, M. Neil Browne, Kathleen M.S. Hale, Maureen Cosgrove 2012 Bowling Green State University

Legal Tolerance Toward The Business Lie And The Puffery Defense: The Questionable Assumptions Of Contract Law, M. Neil Browne, Kathleen M.S. Hale, Maureen Cosgrove

Economics Faculty Publications

American contract law is supposed to facilitate the efficiency and fairness of market transactions between parties. Does the increasing success of the puffery defense in false advertising and securities cases further the fairness of transactions between companies with major advertising budgets and consumers? This Article contends that it does not.


Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet 2012 Texas A&M University School of Law

Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet

Faculty Scholarship

This Article addresses the open question related to the use of tax credits as a source of secured capital. It first lays a foundation by analyzing the theoretical underpinnings of the UCC’s category for general intangibles and shows how classification as a general intangible can and should comport with the legal substance of tax credits as a form of secured financing. The work also investigates the theory and nature that forms the basis of tax credits and their economic value. Next, the Article provides an overview of the relatively meager case law on tax credit financing and explains how courts …


Cyberinfants , Cheryl B. Preston 2012 Pepperdine University

Cyberinfants , Cheryl B. Preston

Pepperdine Law Review

Teens have emerged as a significant market segment, especially with respect to online goods and services. This increased market presence is likely to foreground the contract infancy doctrine, which permits a person under age eighteen to void a contract with a few exceptions. This article provides solid foundations for a discussion of where the doctrine fits in the face of a rising youth market and the digital revolution. Part II covers the general parameters of the infancy doctrine and dispels the notion that the doctrine will not be applicable to online services. This part critiques the one case that has …


Preserving Human Capital: Using The Noncompete Agreement To Achieve Competitive Advantage, Griffin Toronjo Pivateau 2012 Pepperdine University

Preserving Human Capital: Using The Noncompete Agreement To Achieve Competitive Advantage, Griffin Toronjo Pivateau

The Journal of Business, Entrepreneurship & the Law

Organizations today face numerous challenges: worldwide competitors, changes in information technology, increased reliance on knowledge workers, and a shifting economic environment. Faced with the difficulty of securing advantage by traditional means, management has increasingly focused on employees as a key asset and driver of productivity. Many organizations have adopted the human capital theory, which holds that employees form an asset of the organization. Organizations will seek to maximize their human capital as a differentiator. Presumably, an organization that invests in its human capital will find itself rewarded with increased productivity and higher returns. But here is where the problem develops. …


Apathy Vis-À-Vis The Un Convention On Contracts For The International Sale Of Goods (Cisg) In The Uk And Two Proposed Strategies For Cisg's Incorporation In The Uk Legal Order, Katerina Georgiadou 2012 School of Law & Criminology, University of Derby

Apathy Vis-À-Vis The Un Convention On Contracts For The International Sale Of Goods (Cisg) In The Uk And Two Proposed Strategies For Cisg's Incorporation In The Uk Legal Order, Katerina Georgiadou

Pace International Law Review Online Companion

The 1980 UN Convention on Contracts for the International Sale of Goods (CISG or Convention) is said to have resulted out of a largely global scholarly jurisconsultorium, as it was drawn up in cooperation between scholars from around the globe. In essence, this article will examine the lack of interest and reluctance on behalf of the United Kingdom (UK) to ratify the CISG by considering the initial reactions of the UK towards the CISG, the UK’s isolationist attitude, the fact that CISG is not a legislative priority in the UK, and the objection to ratification based on unreasonable grounds. Furthermore, …


Contractualism In The Law Of Treaties, Omar M. Dajani 2012 University of the Pacific, McGeorge School of Law

Contractualism In The Law Of Treaties, Omar M. Dajani

Michigan Journal of International Law

When Henry Sumner Maine famously observed that "the movement of the progressive societies has hitherto been a movement from Status to Contract," he was invoking contract not as a device for binding parties to their commitments but, rather, as a metaphor for freedom. That metaphor lies at the heart of what legal scholars have come to call contractualism (or, sometimes, contractarianism)-the idea that people should be free to decide with whom, for what, and on which terms they enter agreements and that the law should minimize the constraints it places on these decisions. It is a proposition rooted in the …


Devil In The Bidding Detail, Lisa E. Sachs, Jacky Mandelbaum, Perrine Toledano 2012 Columbia Law School, Columbia Center on Sustainable Investment

Devil In The Bidding Detail, Lisa E. Sachs, Jacky Mandelbaum, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

In light of the recent boom in natural resource prices, India is one of them many countries facing heightened scrutiny of the allocation and terms of their resource deals. In India, that scrutiny has uncovered a multi-billion dollar controversy over coal block allocations that has gridlocked Parliament. More generally, citizens in resource-producing countries around the world are asking whether the public is getting a fair value for their countries resources, or whether investors and politicians are walking away with the prize. Finally, the important questions are being asked: how should resources be managed to ensure that they benefit the citizenry, …


Past Consideration Or Unconnected Consideration, Yihan GOH, Man YIP 2012 National University of Singapore

Past Consideration Or Unconnected Consideration, Yihan Goh, Man Yip

Research Collection Yong Pung How School Of Law

It is trite law that a valid and enforceable contract must be supported by consideration. The recent Court of Appeal case of Rainforest Trading Ltd v State Bank of India Singapore [2012] 2 SLR 713 is a further addition to the local jurisprudence on consideration, specifically the issue of past consideration. This note considers the specific issue of past consideration and argues that its label should be discarded in favour of a more realistic one that correctly emphasises its underlying concerns.


Contract Law In A Comparative Perspective, Suharnoko Suharnoko 2012 Faculty of Law Universitas Indonesia

Contract Law In A Comparative Perspective, Suharnoko Suharnoko

Indonesia Law Review

Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft) which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses …


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