Contracts Commons^™

Export Corp And Nutrition V. Katz Et. Al., Order On Pending Motions, Wesley B. Tailor

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

No abstract provided.

Contract Law, Equality And The State, Orit Gan

Cleveland State Law Review

There is a rich and diverse literature on contract law and equality, discussing whether contract law should advance social equality and if so how should contract law achieve that. However, this literature has yet to address the State’s role in combating social inequality through contract law. Filling this void this Article discusses three strategies the State can and should adopt in promoting social equality, by enforcing contracts, applying contract law doctrines, and regulating and legislating laws as background rules. After mapping these three state powers the Article further explores three test cases: enforcing nonmarital agreements, applying contract defenses in consumer …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Decentralized Dispute Resolution: Using Blockchain Technology And Smart Contracts In Arbitration, Christoph Salger

Pepperdine Dispute Resolution Law Journal

Can blockchain technology and smart contracts be used in the context of alternative dispute resolution, particularly arbitration, turning traditional procedures on their head? This article discusses various possible applications of blockchain technology and smart contracts in ADR. In particular, it addresses the possibility of fully automated execution of arbitral awards using a smart contract through so-called escrow mechanisms. Subsequently, it presents two promising approaches of so-called Decentralized Dispute Resolution (DDR), including Expert-Pooling and Crowdarbitration. DDR generally involves decisions made jointly by multiple or even all participants in a network (usually a blockchain network), rather than by just one or two …

A Short History Of The Interpretation-Construction Distinction, Gregory Klass

Georgetown Law Faculty Publications and Other Works

This document collects for ease of access and citation three of my posts on the New Private Law Blog, which chart the conceptual history of the interpretation-construction distinction. The posts begin with Francis Lieber’s 1939 introduction of the concepts, then describes Samual Williston’s 1920 account of the distinction in the first edition of Williston on Contracts, and concludes with Arthur Linton Corbin’s 1951 reconceptualization in the first edition of Corbin on Contracts. The posts identify two different conceptions of the distinction. Under the first (Lieber and Williston), construction supplements interpretation. Under the second (Corbin), the two activities complement one …

The Importance Of Theory And History In Understanding And Developing The Common Law Of Contract – Some Further Preliminary Reflections, Hon. Andrew Phang

Singapore Law Journal (Lexicon)

In a previous essay, an attempt was made to demonstrate the important role that both theory and history play in helping us to understand and develop the common law of contract. As pointed out in that essay, a comprehensive treatment of the subject would require lengthy discourse in a book or even several books. This essay follows-up on that previous essay, again by way of preliminary reflections only, to correct the dominant perception that the development of the common law in general and contract law in particular is premised mainly on doctrinal development based on logic and analogy with the …

Doctrinal Basis Of Delay As A Bar To Equitable Rescission Of Contracts, Tse Loong Ryan Low

Singapore Law Journal (Lexicon)

The 2015 EWCA decision of Salt v Stratstone Specialist Ltd (t/a Stratstone Cadillac Newcastle) [2015] EWCA Civ 745 casts doubt on the proposition that an inordinate lapse of time alone could operate as a bar to rescission. The court grounded the operation of delay in the doctrine of laches, but as this paper will find, laches is an unsatisfactory explanation for the effect of mere delay on one’s powers of rescission, requiring something more than lapse of time alone. Other competing theories like reference to the Limitation Act 1959 by analogy, and the Sale of Goods Act 1979, have been …

The Application Of The Totality Principle In Singapore, Zi Yang Wong

Singapore Law Journal (Lexicon)

When dealing with an offender who has been convicted of two or more distinct offences, the Court is faced with the issue of determining an appropriate aggregate sentence to be imposed. An aggregate sentence may offend the totality principle if it exceeds the length of the sentence imposed for the most serious offence, or if the sentence is “crushing” and not in keeping with the offender’s past record and future prospects. In deciding whether to vary a sentence on the grounds of the totality principle, the Courts have considered an offender’s overall criminality, advanced age, precedents and the possibility of …

The Sources And Consequences Of Disputes Over Contractual Meaning, Randy D. Gordon

Faculty Scholarship

With some frequency, parties agree to the particular words used in a contract they sign, only to later disagree as to the meaning of those words and their legal effect. That is, they each assent to something, but that “something” is something different for each of them. In this Article, I first categorize and trace the sources of recurring points of disagreement as a matter of language and linguistics. Then, I look at the consequences of a dispute that leads a fact finder to conclude that the parties genuinely did not agree to the same thing, which is to say …

Designing Contracts For A Modern Classroom: The Abcs Of Cbas, Elizabeth Chu, Molly Gurny, Tong Koh, Evan Stone, Chiara Grabill, Jill Mclaughlin

Center for Public Research and Leadership

Although teacher contracts (commonly, collective bargaining agreements or CBAs) provide critical workforce protections for teachers and govern much of the profession, they remain an underutilized lever for enabling strong teaching and learning, elevating the teaching profession, and equipping school systems with tools and capacities to confront the challenges of a rapidly changing, increasingly uncertain world.

Drawing on research spanning states, school systems, and time periods, this report sets forth a conceptual framework that draws attention to teacher contracts — both what they say and the ways they are built — as a potentially powerful, already-embedded, forward-looking mechanism for professionalizing teaching …

Subjective Beliefs About Contract Enforceability, J. J. Prescott, Evan Starr

Articles

This article assesses the content, role, and adaptability of subjective beliefs about contract enforceability in the context of postemployment covenants not to compete (noncompetes). We demonstrate that employees tend to believe that even clearly unenforceable noncompetes are enforceable, including their own. We provide evidence for both supply- and demand-side stories that explain employees’ persistently inaccurate beliefs. Moreover, we show that believing that unenforceable noncompetes are enforceable likely causes employees to forgo better job opportunities and to perceive that their employer is more likely to sue them if they choose to compete. Finally, we use an information experiment to inform employees …

Tied Together With Ticketmaster: Analyzing The Exclusive Contracts Of Ticketmaster Through The Lens Of Antitrust Scholars, Jenna Gillam

Honors Projects

The Eras Tour Verified Fan Sale in 2022 revealed major flaws in the ticket-buying process, which many attributed to Ticketmaster's dominant industry position. The exclusive contracts of Ticketmaster have been their source of gaining a competitive advantage in the ticketing industry, but many have been critical of these contracts for restricting competition in this industry. This research analyzes the effect of the exclusive contracts of the merged Ticketmaster-Live Nation entity on competition in the ticketing industry through the lens of prominent antitrust scholars. Previous literature reveals differing ideas about whether exclusive contracts are an exclusionary practice and literature identifies the …

If You Wanna Use My Lyrics: Copyright Preemption Of Browsewrap Contracts After Ml Genius Holdings Llc V. Google Llc, Joseph Sotile

The University of Cincinnati Intellectual Property and Computer Law Journal

The Copyright Act of 1976 aimed to streamline the United States’ copyright system, replacing dual federal and state protections using an express statutory preemption clause, § 301. Despite the Act’s uniformity objective, challenges persist in the consistent application of copyright preemption, particularly concerning breach of contract claims. A circuit split has emerged, with one group arguing for copyright preemption of contracts involving copyrightable material, while another asserts that most contracts that involve copyrightable material are not preempted and can be enforced. This split was underscored and expanded by the 2022 case ML Genius Holdings LLC v. Google LLC, where the …

Alexander S. Glover Jr., Et Al., Order On Plaintiffs' Motion To Dismiss Counterclaim Of Defendant Railroad Valley Mining Company, Llc, Kelly L. Ellerbe

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

No abstract provided.

A Theory Of Corporate Fiduciary Duties, Benjamin Johnson

BYU Law Review

Corporate law lacks a general theory of a board’s power as fiduciary, and consequently, the law governing corporate fiduciary duties is notably unstable. This Article offers a novel theory that grounds corporate fiduciary duties in stronger microeconomic and legal foundations. The theory, coined the Judicial Monitoring Model (JMM), shows that even imperfect judicial monitoring makes shareholders and boards better off, even when there is no claim of a breach of the duties of loyalty or care as currently understood. The JMM synthesizes the law governing corporate fiduciary duties and other doctrines that protect principals, beneficiaries, and creditors from the risk …