Contracts Commons^™

Summary Of Rolf Jensen & Assoc., Inc. V. Eighth Judicial Dist. Ct., 128 Nev. Adv. Op. 42, Amanda Ireland

Nevada Supreme Court Summaries

On petition for writ of mandamus challenging a denial of summary judgment, the Court considered whether the Americans with Disabilities Act (ADA) preempts state law claims for indemnification brought by an admitted violator of the ADA.

Summary Of Certified Fire Protection, Inc. V. Precision Construction, Inc., Et. Al., 128 Nev. Adv. Op. No. 35, Travis Akin

Nevada Supreme Court Summaries

Consolidated appeal from a district court judgment on partial findings and an appeal and cross-appeal from a post-judgment order awarding costs and denying a motion for attorney fees.

Summary Of Road & Highway Builders, Llc. V. Northern Nevada Rebar, Inc., 128 Nev. Adv. Op. No. 36, Matthew Vantusko

Nevada Supreme Court Summaries

This is a consolidated appeal in a contract action from a district court judgment on a jury verdict, and an order by the district court denying a new trial. The Court addressed whether a fraudulent inducement claim is available when the language of the underlying contract contradicts the required elements of the inducement claim; the propriety of compensatory damages awarded by the jury for lost profits in a contract claim; and the availability of punitive damages without a finding of fraud.

Mistaken Identity, Identity Theft And Problems Of Remote Authentication In E-Commerce, Eliza Mik

Research Collection Yong Pung How School Of Law

The problem of mistaken identity in e-commerce transactions brings together seemingly unrelated issues: privacy, network security, digital signatures – and classic contract law. The technological characteristics of the Internet have a tendency to turn traditional legal doctrines on their head, or, at least expose flaws in existing legal arguments. Combining an academic exercise with the practical implications of the insecurity of the Internet, this paper draws some unexpected conclusions regarding cases of mistaken identity. The latter must be analysed afresh with a number of factors in mind: the more widespread use of fictitious identities in on-line transactions, the higher incidence …

The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin

Pepperdine Law Review

No abstract provided.

'How's My Doctoring?' Patient Feedback's Role In Assessing Physician Quality, Ann Marie Marciarille

Faculty Works

A society-wide consumer revolution is underway with the rise of online user-generated review websites such as Yelp, Angie’s List, and Zagat. Service provider reviews are now available with an intensity and scope that attracts increasing numbers of reviewers and readers. Health care providers are not exempt from this new consumer generated scrutiny though they have arrived relatively late to the party and as somewhat unwilling guests.

The thesis of this article is that online patient feedback on physicians is relevant and valuable even though it is also uncomfortable for health care providers. This is because the modern physician-patient relationship is …

An Empirical Study Of Predispute Mandatory Arbitration Clauses In Social Media Terms Of Service Agreements, Michael L. Rustad, Richard Buckingham, Diane D’Angelo, Katherine Durlacher

University of Arkansas at Little Rock Law Review

This Article is the first empirical study of the use of predispute mandatory arbitration clauses by social networking sites (SNSs) and sheds light on whether SNSs are using arbitration clauses strategically in order to complete a "liability-free" zone in cyberspace. Our empirical findings reveal that SNS arbitration clauses contravene many of the basic principles deemed indispensable for a fundamentally fair process for consumers to obtain civil recourse for recognized torts and remedies for contract disputes. Congress needs to prohibit predispute mandatory arbitration clauses in terms of service agreements and privacy policies.

Background Paper For Second Workshop On Contract Negotiation Support For Developing Host Countries, Vale Columbia Center On Sustainable International Investment, Humboldt-Viadrina School Of Governance

Columbia Center on Sustainable Investment Staff Publications

The Columbia Center on Sustainable Investment (CCSI) and the Humboldt-Viadrina School of Governance (HSVG) have initiated a process to discuss the desirability and feasibility of mechanisms to provide negotiation support for developing host countries in their negotiations with major investors.

At a first workshop held in October 2011, participants agreed on the need for an expansion of support for developing countries in their contract negotiations.

A second workshop was held at Columbia University in July 2012 that undertook a gap analysis between the existing sources of support for developing countries in relation to complex contracts and the countries’ needs for …

Promise Etc., Gregory Klass

Georgetown Law Faculty Publications and Other Works

This Article examines the moral obligations contractual agreements generate. It distinguishes a narrow sense of "promise," central to autonomy theories, according to which to promise is to communicate an intention to undertake an obligation by the very communication of that intention. Not every agreement involves promises in this sense. Yet nonpromissory agreements too commonly generate moral obligations. And even when a party promises to perform, her promise need not be the only reason for her moral obligation to do so. Other possible reasons include reliance, an invitation to trust, implicit or explicit, principles of reciprocity, and the harm that nonperformance …

Contract Law, Chee Ho Tham, Pey Woan Lee, Yihan Goh

Research Collection Yong Pung How School Of Law

No abstract provided.

Promise And Private Law, Nathan B. Oman

Faculty Publications

This essay was part of a symposium on the thirtieth anniversary of the publication of Charles Fried's Contract as Promise and revisits Fried's theory in light of two developments in the private-law scholarship: the rise of corrective justice and civil-recourse theories. The structural features that motivate these theories-the bilateralism of damages and the private standing of plaintiffs-are both elements of the law of contracts that Contract as Promise sets out to explain. I begin with the issue of bilateralism. Remedies--in particular the defense of expectation damages--occupy much of Fried's attention in Contract as Promise, and he insists that this particular …

Unitas Via Diversitas. Can The Common European Sales Law Harmonize Through Diversity?, Gary Low

Research Collection Yong Pung How School Of Law

The proposed Regulation for a Common European Sales Law (CESL),1 unveiled on 11 October 2011, marks the opening legislative salvo on the future of European contract law. Besides critique from private lawyers on the substantive content therein,2 the legality of the CESL under Union law may be called into question.3 The CESL cites Article 114 of the Treaty on the Functioning of the European Union (TFEU) as its legal basis." In so doing, it goes against the grain of received wisdom: virtually all the studies on the subject ruled out the use of Article 114 TFEU in favour of Article …

Contract And Dispossession, Deborah W. Post

Scholarly Works

This Essay, part of a collection of essays on the same theme, argues that contract law has become an instrument of oppression and dispossession rather than liberation. Having offered a critique, the challenge then is to consider whether it is possible to restore the liberatory potential of contract. The symposium, Post-Marxism, Post-Racialism & Other Fables of the Dispossession, was an invitation to consider the contemporary relevance of Marxist theory.

There are two reference points in this cultural critique. One is the importance of social position in a jurisprudence that embraces objectivity; the uncritical and unreflective reliance on hegemonic social …

Fiduciary Duties And Exculpatory Clauses: Clash Of The Titans Or Cozy Bedfellows, Louise Lark Hill

University of Michigan Journal of Law Reform

Centuries ago, when land represented the majority of wealth, the trust was used primarily for holding and transferring real property. As the dominant form of wealth moved away from family land, the trust evolved into a device for managing financial assets. With this transformation came the use of exculpatory clauses by both amateur and professional trustees, providing an avenue for these fiduciaries to escape liability for designated acts. With the use of exculpatory provisions, discussion abounded about whether fiduciary duties were mandatory or subject to modification. The latter view eventually prevailed, with the majority of jurisdictions viewing fiduciary duties as …

Paper On The Business Case For Transparency, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

CCSI strongly supports the transparency of contracts and tax flows. CCSI shares the belief of many stakeholders that transparency is essential to leverage extractive industries for sustainable development and is in the mutual interest of all stakeholders. However, some industry players continue to voice the concern that increased transparency would be harmful for their business. Therefore, CCSI is working to also establish the business case for transparency.

In one such case, some industry players have been lobbying against the regulations developed by the Security and Exchange Commission to implement the mandatory disclosure provisions of the Dodd Frank Wall Street Reform …

Contract Law Walks The Plank: Carnival Cruise Lines, Inc. V. Shute, Charles L. Knapp

Nevada Law Journal

No abstract provided.

Summary Of Schettler V. Ralron Capital Corp., 128 Nev. Adv. Op. No. 20, Jason L. Deforest

Nevada Supreme Court Summaries

The Court considered whether the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) divests a court of jurisdiction to consider any defenses or affirmative defenses not first adjudicated through FIRREA’s claims process. The Court also considered, as a matter of first impression, whether FIRREA’s jurisdictional bar extends to successors in interest to the Federal Deposit Insurance Corporation (FDIC).

The Future Of Promissory Estoppel In Singapore Law, Tiong Min Yeo

2009 Yong Pung How Professorship of Law Lecture

In the preface to the first Singapore and Malaysian edition of Cheshire, Fifoot, and Furmston’s Law of Contract in 1994, Yong Pung How CJ said: “The Singapore legal system should strive towards indigenous development, preferably by way of a rationalization of its basic laws in the first instance.”1 Singapore law has come a long way since then. In recent years we have seen significant restatements by the Singapore judiciary in diverse areas including contract law, tort law, property law, company law and the conflict of laws. This paper will examine a small but basic topic, promissory estoppel, where there have …

Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri

University of Richmond Law Review

No abstract provided.

Liability For Work Done Where Contract Is Denied: Contractual And Restitutionary Approaches, Man Yip, Yihan Goh

Research Collection Yong Pung How School Of Law

This paper explores the divide between the law of contract and the law of restitution in dealing with the different situations that arise from one party commencing work prior to the conclusion of a formal contract. It argues that contract and unjust enrichment each have a proper role to play in dealing with such cases. First, it argues against a purely contractarian view that such cases should be exclusively resolved by the law of contract, through an implied collateral contract. Such a technique, applied vigorously, would result in nullifying the concept of “essential terms” and an artificial construction of parties …