standardizing gap-filling arbitration cases
... See Scherk v. Alberto-Culver Co., 417 U.S. 506, 520 n.15 (1974) (“The goal of the [New York] Convention . . . was to encourage the recognition and enforcement of commercial arbitration agreements in international contracts and to unify the standards by which agreements to arbitrate are observed and ...
... See Scherk v. Alberto-Culver Co., 417 U.S. 506, 520 n.15 (1974) (“The goal of the [New York] Convention . . . was to encourage the recognition and enforcement of commercial arbitration agreements in international contracts and to unify the standards by which agreements to arbitrate are observed and ...
(E) The Right to Join a Union
... (B) THE COMMON LAW CONTRACT OF EMPLOYMENT ................... 6 Langille & Davidov: Beyond employees and independent contractors................................................................................................................ 6 (I) ESTABLISHING THE EMPLOYMENT RELATIONSHIP ............ ...
... (B) THE COMMON LAW CONTRACT OF EMPLOYMENT ................... 6 Langille & Davidov: Beyond employees and independent contractors................................................................................................................ 6 (I) ESTABLISHING THE EMPLOYMENT RELATIONSHIP ............ ...
Corporations I - Phi Delta Phi
... Treasury Stock – company stock that had been originally issued and repurchased by the corporation. Control Premium – A premium above market value that is paid for shares to obtain control of the corporation. Holding Company – parent company that owns subsidiaries that act as operating companies. Pre ...
... Treasury Stock – company stock that had been originally issued and repurchased by the corporation. Control Premium – A premium above market value that is paid for shares to obtain control of the corporation. Holding Company – parent company that owns subsidiaries that act as operating companies. Pre ...
Assumption of Obligations: Third Party No More
... the nature of assumption of an obligation, the courts consistently applied the basic notion that an assumption of an obligation does not create a novation unless the creditor has expressly declared his intention to discharge the original debtor. 3 Although the Tiernan court apparently used the quota ...
... the nature of assumption of an obligation, the courts consistently applied the basic notion that an assumption of an obligation does not create a novation unless the creditor has expressly declared his intention to discharge the original debtor. 3 Although the Tiernan court apparently used the quota ...
SECURITIES AND EXCHANGE COMMISSION Washington, D.C.
... -----------------Bio-Reference Laboratories, Inc., "Bio-Reference" or the "Company," operates a clinical laboratory servicing the greater New York metropolitan area. Bio-Reference offers a comprehensive list of chemical diagnostic tests including blood and urine analysis, blood chemistry, hematology ...
... -----------------Bio-Reference Laboratories, Inc., "Bio-Reference" or the "Company," operates a clinical laboratory servicing the greater New York metropolitan area. Bio-Reference offers a comprehensive list of chemical diagnostic tests including blood and urine analysis, blood chemistry, hematology ...
On the Meaning of Horizontal Agreements in Competition Law
... whether something additional—perhaps secret negotiations producing a signed cartel agreement, perhaps less formal arrangements—should be a prerequisite to liability. Most contemporary writers believe that the law does and should require more than interdependence. It is unclear, however, just what s ...
... whether something additional—perhaps secret negotiations producing a signed cartel agreement, perhaps less formal arrangements—should be a prerequisite to liability. Most contemporary writers believe that the law does and should require more than interdependence. It is unclear, however, just what s ...
Standard forms of partnering contracts The ultimate contractual
... throughout the world, certainly in those common law jurisdictions with a close affinity to England. Suffice to say they have been around for longer than the others considered in these articles (and indeed the authors themselves). It is rumoured that the first use of a JCT contract was the greenfield ...
... throughout the world, certainly in those common law jurisdictions with a close affinity to England. Suffice to say they have been around for longer than the others considered in these articles (and indeed the authors themselves). It is rumoured that the first use of a JCT contract was the greenfield ...
Conditions of Employment for Weekly Paid Employees
... 2.1.2. Employees Stationed In Remote Areas ......................................................................................................... 21 2.1.3. Payment for Period of Annual Leave .......................................................................................................... ...
... 2.1.2. Employees Stationed In Remote Areas ......................................................................................................... 21 2.1.3. Payment for Period of Annual Leave .......................................................................................................... ...
What Constitutes a Joint Venture
... The first problem in the classification of a set of facts such as the jural relationship of joint venture is that of identification. How does one know what constitutes a joint venture?' Unlike the corporation, it cannot be identified by reason of its form. The corporation, at least in this country, ...
... The first problem in the classification of a set of facts such as the jural relationship of joint venture is that of identification. How does one know what constitutes a joint venture?' Unlike the corporation, it cannot be identified by reason of its form. The corporation, at least in this country, ...
Business Law Now!: Exercises - Open University of Tanzania
... 6. The obligation to follow precedent encourages the exercise of judicial discretion and deterring bias, as well as protecting judges from professional criticism, thus encouraging the effective operation of the legal system. List of Disadvantages of Judicial Precedent 1. Precedent is resistant to ...
... 6. The obligation to follow precedent encourages the exercise of judicial discretion and deterring bias, as well as protecting judges from professional criticism, thus encouraging the effective operation of the legal system. List of Disadvantages of Judicial Precedent 1. Precedent is resistant to ...
15-22B-01 Uniform Computer Information
... authorizing parties to an agreement within the scope of this Act to expressly agree that certain provisions of this Act do not apply to the agreement; prohibiting parties to an agreement within the scope of this Act from agreeing that certain provisions of this Act do not apply to the agreement; pro ...
... authorizing parties to an agreement within the scope of this Act to expressly agree that certain provisions of this Act do not apply to the agreement; prohibiting parties to an agreement within the scope of this Act from agreeing that certain provisions of this Act do not apply to the agreement; pro ...
Criminal Law Outline – Fall `98
... - AP’s claim: INS pirated AP’s property and misappropriated AP’s property interest through looking at AP’s news stories on AP bulletin board, early edition papers and copied the news (not the text) Issue: what is the property being claimed? property interest in the news, facts, and information - you ...
... - AP’s claim: INS pirated AP’s property and misappropriated AP’s property interest through looking at AP’s news stories on AP bulletin board, early edition papers and copied the news (not the text) Issue: what is the property being claimed? property interest in the news, facts, and information - you ...
The Personal Liabilities of Insolvency Practitioners under Insolvency
... reorganizational purposes. The emphasis in this paper is on commercial, not consumer estates, but encompassing personal as well as corporate debtors. ‘Personal liability’ is used in this study to mean liability imposed under general principles of the common law in Canada, England and the US, or by s ...
... reorganizational purposes. The emphasis in this paper is on commercial, not consumer estates, but encompassing personal as well as corporate debtors. ‘Personal liability’ is used in this study to mean liability imposed under general principles of the common law in Canada, England and the US, or by s ...
the divergence of contract and promise
... concepts, not to mention the concept of a promise itself. For instance, the past consideration doctrine contains an exception for cases in which there is an independent moral obligation to do what one has promised. See E. ALLAN FARNSWORTH, CONTRACTS §§ 2.7–2.8, at 56–63 (4th ed. 2004). Some cases an ...
... concepts, not to mention the concept of a promise itself. For instance, the past consideration doctrine contains an exception for cases in which there is an independent moral obligation to do what one has promised. See E. ALLAN FARNSWORTH, CONTRACTS §§ 2.7–2.8, at 56–63 (4th ed. 2004). Some cases an ...
Introduction - ePublications@bond
... be allowed. The approach taken by Dawson J is not without difficulties. It may result in denying a restitutionary claim to a payer who did not even address his or her mind to the possibility that there might have been no legal obligation to pay; or to one who would not have paid had he or she known ...
... be allowed. The approach taken by Dawson J is not without difficulties. It may result in denying a restitutionary claim to a payer who did not even address his or her mind to the possibility that there might have been no legal obligation to pay; or to one who would not have paid had he or she known ...
Recovering Pre-contractual Expenditures as an
... subject to the usual certainty limitations, the result is systematic undercompensation of plaintiffs (albeit variable in magnitude) for their lost opportunities. They are, however, restrained by these limitations from directly recognizing and compensating for such intangible losses. One way in which ...
... subject to the usual certainty limitations, the result is systematic undercompensation of plaintiffs (albeit variable in magnitude) for their lost opportunities. They are, however, restrained by these limitations from directly recognizing and compensating for such intangible losses. One way in which ...
Defenders of the Corporate Bastion in Revlon Zone: Paramount
... tactics to repel takeovers, 5 however, the Delaware courts altered the business judgment rule to require a showing by directors that a threat to the corporation's interests existed.6 The target corporation's board generally considers takeovers hostile to its interests because a takeover usually resu ...
... tactics to repel takeovers, 5 however, the Delaware courts altered the business judgment rule to require a showing by directors that a threat to the corporation's interests existed.6 The target corporation's board generally considers takeovers hostile to its interests because a takeover usually resu ...
Property Outline - St. Thomas More – Loyola Law School
... knew of potential confusion with Volkswagen and intended to profit from this, if possible. In 1998, VW dealerships expressed interest in purchasing “vw.net”. Virtual Works then called VW trademark department and said that unless they made offer in 24 hours, Virtual Works would sell to the highest bi ...
... knew of potential confusion with Volkswagen and intended to profit from this, if possible. In 1998, VW dealerships expressed interest in purchasing “vw.net”. Virtual Works then called VW trademark department and said that unless they made offer in 24 hours, Virtual Works would sell to the highest bi ...
reorganizing with Value but Without Profit (or Equity)
... the absolute priority rule and best interest tests in nonprofit Chapter 11 cases to municipal reorganizations under Chapter 9 of the Bankruptcy Code. Municipalities and their enterprises, which are quintessential examples of enterprises that are not run to make a profit for their owners (even if the ...
... the absolute priority rule and best interest tests in nonprofit Chapter 11 cases to municipal reorganizations under Chapter 9 of the Bankruptcy Code. Municipalities and their enterprises, which are quintessential examples of enterprises that are not run to make a profit for their owners (even if the ...
This chapter was first published by IICLE Press.
... this conduct, the court held that the promise to pay for the legal fees was outside the scope of the statute of frauds because it was an original (rather than a collateral) promise. The court stated the following regarding the distinction between original and collateral promises: The phrase “promise ...
... this conduct, the court held that the promise to pay for the legal fees was outside the scope of the statute of frauds because it was an original (rather than a collateral) promise. The court stated the following regarding the distinction between original and collateral promises: The phrase “promise ...
WOSB Teaming 21 Jun 11 - National Contract Management
... three contracts over a two year period, starting from the date of the award of the first contract, without the partners to the joint venture being deemed affiliated for all purposes. Once a joint venture receives one contract, SBA will determine compliance with the three awards in two years rule for ...
... three contracts over a two year period, starting from the date of the award of the first contract, without the partners to the joint venture being deemed affiliated for all purposes. Once a joint venture receives one contract, SBA will determine compliance with the three awards in two years rule for ...
Harm, Ambiguity, and the Regulation of Illegal Contracts
... move away from non-enforcement as a presumptive remedy and would instead predicate that remedy on a showing of harm. Doing so would help to align the incentives of parties with the harm-reducing rationale of contract restrictions. But an effective remedy structure also requires an understanding of h ...
... move away from non-enforcement as a presumptive remedy and would instead predicate that remedy on a showing of harm. Doing so would help to align the incentives of parties with the harm-reducing rationale of contract restrictions. But an effective remedy structure also requires an understanding of h ...
2dcacvInteractive - Florida Attorney General
... acknowledged IRM's request to conduct discovery but decided to proceed with the hearing. IRM also requested an evidentiary hearing, but the trial court declined and stated that it would base its decision only upon what was established in the record. In an order rendered on April 4, 2007, the trial c ...
... acknowledged IRM's request to conduct discovery but decided to proceed with the hearing. IRM also requested an evidentiary hearing, but the trial court declined and stated that it would base its decision only upon what was established in the record. In an order rendered on April 4, 2007, the trial c ...
Confidentiality Agreement
... completing the sale of the property until such time as a written agreement for the sale of the property has been fully executed, delivered and approved by seller and any conditions to the seller’s obligations under any such agreement have been satisfied or waived. The recipient acknowledges and agre ...
... completing the sale of the property until such time as a written agreement for the sale of the property has been fully executed, delivered and approved by seller and any conditions to the seller’s obligations under any such agreement have been satisfied or waived. The recipient acknowledges and agre ...
Marketing liability in Finnish insurance law – implications for contract
... given incorrect or misleading information to the policyholder when marketing the insurance, the insurance contract is considered to be in force to the effect understood by the policyholder on the basis of the information received. The rule thus sanctions violations through a binding effect, instead ...
... given incorrect or misleading information to the policyholder when marketing the insurance, the insurance contract is considered to be in force to the effect understood by the policyholder on the basis of the information received. The rule thus sanctions violations through a binding effect, instead ...