Contracts Commons^™

Reflections On The Implied Covenant Of Good Faith And Fair Dealing Under Delaware Law: The Case Of Sandbagging, Mark J. Loewenstein

Publications

No abstract provided.

Sign Here: How Parental Waivers Exceed The Bounds Of Parents' Fundamental Rights, Carissa Hansen

Mitchell Hamline Law Review

No abstract provided.

Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside

Research Collection Yong Pung How School Of Law

In the recent Singapore High Court case of Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37, the claimant argued, inter alia, that evidence of a prior contract between the first defendant and a third party should be admitted to prove that the defendant had entered into a loan agreement with her in his personal capacity. Justice Lee Seiu Kin dismissed her claim, applying s. 14 of the Evidence Act.

Emojis And Contract Formation: South West Terminal Ltd V Achter Land & Cattle Ltd [2023] Skkb 116, Kian Peng Soh

Research Collection Yong Pung How School Of Law

This case note analyses the decision in the Canadian case of South West Terminal Ltd v Achter Land & Cattle Ltd [2023] SKKB 116 and considers how Singapore law would be applied to a situation where emojis are used in the course of negotiations leading up to the formation of a contract.

Is A Ban On Non-Competes Supported By Empirical Evidence?, Sarah Oh Lam, Thomas Lenard, Scott Wallsten

Fordham Journal of Corporate & Financial Law

The U.S. Federal Trade Commission (FTC) has proposed a rule to declare virtually all non-compete agreements unfair methods of competition under Section 5 of the FTC Act and therefore, illegal. However, the empirical literature on non-compete agreements cited by the FTC in its Notice for Proposed Rulemaking (“NPRM”) shows mixed results on earnings, job creation, firm formation, entrepreneurship, training, investment, and firm value. Evidence in other current studies also does not support an economy-wide ban. The FTC concludes that the proposed rule would yield net benefits even though by its own admission it lacks the information necessary to conduct a …

Reducing Food Scarcity: The Benefits Of Urban Farming, S.A. Claudell, Emilio Mejia

Journal of Nonprofit Innovation

Urban farming can enhance the lives of communities and help reduce food scarcity. This paper presents a conceptual prototype of an efficient urban farming community that can be scaled for a single apartment building or an entire community across all global geoeconomics regions, including densely populated cities and rural, developing towns and communities. When deployed in coordination with smart crop choices, local farm support, and efficient transportation then the result isn’t just sustainability, but also increasing fresh produce accessibility, optimizing nutritional value, eliminating the use of ‘forever chemicals’, reducing transportation costs, and fostering global environmental benefits.

Imagine Doris, who is …

Penanaman Modal Asing Di Ibu Kota Nusantara Melalui Skema Kerja Sama Pemerintah Dengan Badan Usaha, Riki Taufik Rakhmani

Jurnal Hukum & Pembangunan

One of the sources of funding for the development of Ibu Kota Nusantara is through the Public-Private Partnership (PPP) scheme. From the private sector's perspective, the PPP scheme provides access, particularly for foreign investors, to participate in providing infrastructure for the public's benefit. In order to attract foreign investors to participate in PPP for Ibu Kota Nusantara, the government can provide support, including transaction preparation and implementation facilities, feasibility support, tax incentives, government guarantees, and/or the use of state-owned assets. Guarantee for infrastructure provision through PPP is given against infrastructure risks caused by factors determined in the Minister of Finance …

Contract, Status And The Bonds Of Welfare, Kenneth Veitch

Emancipations: A Journal of Critical Social Analysis

This article explores the relationship between contract and status in the context of contemporary social policy. Using examples of contract in the areas of unemployment policy (what is here called the workfare contract) and what has become known as the financialisation of the welfare state (Social Impact Bonds), the article identifies the types of bonds and obligations involved in those contracts and their sources. Drawing critically on Émile Durkheim and Max Weber’s work on the history and pre-history of contract, it is argued that issues of status – the status of the unemployed and capital, amongst others – lie at …

Hidden Contracts, Shmuel I. Becher, Uri Benoliel

BYU Law Review

Transparency is a promising means for enhancing democratic values, countering corruption, and reducing power abuse. Nonetheless, the potential of transparency in the domain of consumer contracts is untapped. This Article suggests utilizing the power of transparency to increase consumer access to justice, better distribute technological gains between businesses and consumers, and deter sellers from breaching their consumer contracts while exploiting consumers’ inferior position.

In doing so, this Article focuses on what we dub “Hidden Contracts.” Part I conceptualizes the idea of hidden contracts. It first defines hidden contracts as consumer form contracts that firms unilaterally modify and subsequently remove from …

Midstream Contract Interpretation, Alan Schwartz, Simone M. Sepe

Notre Dame Law Review

This Article makes two original contributions to the contract interpretation and renegotiation literatures. First, we introduce an underexplored cause of renegotiation failure: party uncertainty regarding the type of court that will interpret their contract. Parties may predict differently how the applicable court will weigh facts, apply legal rules, or interpret contracts. When parties disagree regarding the court’s interpretive practices, they will assess their expected litigation payoffs differently. This could cause parties to litigate transactions rather than complete them, even when the parties agree on the economic parameters. Litigators know that differing predictions about what a court will do can impede …

After Ftx: Can The Original Bitcoin Use Case Be Saved?, Mark Burge

Faculty Scholarship

Bitcoin and the other cryptocurrencies spawned by the innovation of blockchain programming have exploded in prominence, both in gains of massive market value and in dramatic market losses, the latter most notably seen in connection with the failure of the FTX cryptocurrency exchange in November 2022. After years of investment and speculation, however, something crucial has faded: the original use case for Bitcoin as a system of payment. Can cryptocurrency-as-a-payment-system be saved, or are day traders and speculators the actual cryptocurrency future? This article suggests that cryptocurrency has been hobbled by a lack of foundational commercial and consumer-protection law that …

Deontics And Time In Contracts: An Executable Semantics For The L4 Dsl, Seng Joe Watt, Oliver Goodenough, Meng Weng (Huang Mingrong) Wong

Research Collection Yong Pung How School Of Law

Existing approaches to modelling contracts often rely on deontic logic to reason about norms, and only treat time qualitatively. Using L4, a textual domain specific language (DSL) for the law, we offer a more operational interpretation of norms, based on states and transitions, that also accounts for the granular timing of events. In this paper, we present a higher-level rendering of the loan agreement from Flood & Goodenough in L4, and an accompanying operational semantics amenable to execution and static analysis. We also implement this semantics in Maude and show how this lets us visualize the execution of the loan …

When Is It Fair To Break Promises? Illuminating Promissory Estoppel's Inequity Requirement, Marcus Moore

All Faculty Publications

Promissory estoppel is an important adjunct to contract law, allowing non-contractual promises to be legally binding under prescribed conditions. These conditions include reliance by the promisee, as the doctrine serves to protect reasonable reliance induced by certain types of promises. Typically, the conditions also include a requirement that it would be inequitable for the promisor to go back on the promise. This inequity requirement reflects the nature of promissory estoppel as a creature of the law of equity. Beyond this, however, considerable uncertainty surrounds the inequity element. For example, there are diverging views as to whether it embodies a distinct …

Lendingpoint Consolidated, Inc., Et. Al. V. Bdo Usa, Llp, Et. Al., Order On Motions To Dismiss, Kelly L. Ellerbe

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

No abstract provided.

Urgensi Perlindungan Data Pribadi Pada Sistem Elektronik Untuk Anak Di Bawah Umur Di Indonesia Serta Perbandingan Regulasi Dengan Uni Eropa (General Data Protection Regulation), Dzikrina Laili Kusumadewi, Akhmad Budi Cahyono

Lex Patrimonium

Childrens are inseparable from using technology. Using this technology also has a negative impact, which is misuse of one's personal data. This threat is quite troublesome, especially for children, in the eyes of the law, that are considered as incompetent individuals. Unfortunately, Regulation Number 27/2022 concerning Personal Data Protection does not regulate and explain in detail the protections that children can get for the security of their personal data. Therefore, this research will discuss child regulations, sanctions, and compensation in protecting personal data; child rights provisions; and the comparison. The aim is to provide an explanation of what provisions have …

Pembatalan Perjanjian Secara Sepihak Akibat Wanprestasi (Studi Putusan-Putusan Pengadilan Dan Perbandingan Di Negara-Negara Civil Law), Indi Millatul Aula, Akhmad Budi Cahyono

Lex Patrimonium

The inclusion of the override clause of Article 1266 of the Indonesian Civil Code in contract raises differences in interpretation and views by legal experts. Basically, there is no explanation regarding this matter in the Indonesian Civil Code, so the main issues discussed in this research are the opinions of legal experts in Indonesia regarding the unilateral termination of contract due to default, and comparing it with the arrangements in Civil Law Countries. This research is a normative juridical research with data collected through library research. This article explains that there are different views among legal experts regarding whether or …

Pertanggungjawaban Hukum Pengumpulan Data Biometrik Melalui Artificial Intelligence Tanpa Persetujuan Pemilik Data (Studi Kasus Clearview Ai Inc. Di Yunani Dan Inggris), Miyuki Fattah Rizki, Abdul Salam

Lex Patrimonium

Usement of Artificial Intelligence (AI) along with biometric data can pose a threat to the personal data protection, especially when there’s a data gathering without the consent of Data Owner. Therefore, this thesis will analyze (1) the biometric data protection in Indonesia, (2) AI legal standing based on Indonesia, Greece, and the United Kingdom legal systems, also (3) the legal liability of gathering biometric data through AI without consent of the Data Owner in Indonesia. This thesis is conducted through a normative juridical method with multiple approaches. The conclusion of the research is (1) provisions of biometric data protection can …

Perlindungan Hukum Bagi Pembeli Terhadap Gugatan Pembatalan Jual Beli Tanah Oleh Para Ahli Waris Penjual, M Waldi Ali Soraya, Lauditta Humaira ,S.H.,M.Kn.

Lex Patrimonium

In the implementation of the Sale and Purchase Binding Agreement Deed, a dispute may occur. For example, if the land being sold is an inheritance. For example, one of the sellers does not approve of the sale and purchase, or the land is sold by someone who is not an heir. Of course the buyer will be disadvantaged. The aim of the research is to find out the legal provisions governing the unilateral cancellation of the PPJB, to explain the determination of unlawful acts and to analyze the legal protection for buyers in land sale and purchase agreements which are …

Eksekusi Objek Jaminan Fidusia Sebagai Suatu Perbuatan Melawan Hukum: Tinjauan Terhadap Putusan Pengadilan Negeri Medan Nomor 167/Pdt.G/2021/Pn Mdn Dan Putusan Pengadilan Tinggi Tanjung Karang Nomor 93/Pdt/2022/Pt Tjk, Rahmandika -, Lauditta Humaira

Lex Patrimonium

The provisions for the execution of fiduciary security objects are regulated in Law Number 42 of 1999 on Fiduciary Security which allows fiduciary obligee to unilaterally execute fiduciary security objects based on the inherent executorial title which means execution can be directly exercised without going through a court and is final and binding on the parties. The Constitutional Court through Decision Number 18/PUU-XVII/2019 changed the meaning of the executorial title so that the execution of the fiduciary security certificate must be exercised and apply the same as the execution of a court decision that has permanent legal force, unless there …

Perbandingan Rechtsverwerking Sebagai Doktrin Hukum Di Indonesia Dan Doktrin Estoppel Di Amerika Serikat Pada Bidang Hukum Perjanjian, Joseph Noviandri, Togi Marolop Pangaribuan

Lex Patrimonium

This journal discusses the scope of rechtsverwerking as a doctrine known as the ‘waiver of rights’ doctrine. rechtsverwerking refers to a situation where someone possesses a certain right but does not exercise it within a specific period, which may result in the loss of that right. This concept of waiving rights is widely recognized, As exemplified by Article 32 paragraph (2) of Government Regulation No. 24 of 1997 concerning the release of land rights, the application of the rechtsverwerking doctrine should no longer be used as the basis for releasing land rights, as legislation takes precedence over doctrines in the …