Regulating Contract Formation: Precontractual Reliance, Sunk
... the cornerstones of economic analysis of contract law—the problem of underinvestment in precontractual reliance. It is a well-known fact that negotiation is costly. Negotiating parties are required not only to invest their time and efforts (which means foregoing other opportunities) but also to pay ...
... the cornerstones of economic analysis of contract law—the problem of underinvestment in precontractual reliance. It is a well-known fact that negotiation is costly. Negotiating parties are required not only to invest their time and efforts (which means foregoing other opportunities) but also to pay ...
ICSID Case No ARB/02/5
... A. The Claimants’ Participation in the Development of Turkey’s Energy Sector .......................6 B. The Commercial Terms of the Contract...................................................................................8 C. The Claimants’ Understanding of the Commercial Terms of the Contract .. ...
... A. The Claimants’ Participation in the Development of Turkey’s Energy Sector .......................6 B. The Commercial Terms of the Contract...................................................................................8 C. The Claimants’ Understanding of the Commercial Terms of the Contract .. ...
The Agricultural Small Holdings Act
... rendered to the landlord, or any equivalent of rent given in kind or in labour to the landlord in return for the use and occupation of the holding : ...
... rendered to the landlord, or any equivalent of rent given in kind or in labour to the landlord in return for the use and occupation of the holding : ...
consumer law 2009 update
... (an “Environmental Surcharge“ of $.80 to dispose of used motor oil after every automobile oil change may be deceptive since under Environmental Conservation Law § 23-2307 Jiffy was required to accept used motor oil at no charge)]; ...
... (an “Environmental Surcharge“ of $.80 to dispose of used motor oil after every automobile oil change may be deceptive since under Environmental Conservation Law § 23-2307 Jiffy was required to accept used motor oil at no charge)]; ...
Graduated Consent in Contract and Tort Law: Toward A. Theory of
... judgments about consensual transactions—surfaces in our judgments about unconsensual ones. In those, the characteristic concerns of contract and tort law, we see proof that consent varies by degrees and measures the justification of human relationships. Drawing on examples from the common law and ot ...
... judgments about consensual transactions—surfaces in our judgments about unconsensual ones. In those, the characteristic concerns of contract and tort law, we see proof that consent varies by degrees and measures the justification of human relationships. Drawing on examples from the common law and ot ...
ch_41 - Property Law Learning
... (b) The Assignor is seized and possessed of or otherwise well and sufficiently entitled to the immovable property at Village _________, Taluka _________, District ___________ and more particularly described in the SCHEDULE hereunder written (hereinafter referred to as “the said property”) and on whi ...
... (b) The Assignor is seized and possessed of or otherwise well and sufficiently entitled to the immovable property at Village _________, Taluka _________, District ___________ and more particularly described in the SCHEDULE hereunder written (hereinafter referred to as “the said property”) and on whi ...
Assignment of Contract Rights - Yale Law School Legal Scholarship
... The law does not start with definitions and general rules already crystallized crystallized and put into definite words. Instead, some The events events occur; A acts and B complains thereof to aa court. The court must determine what society will do about it; this is a deterx66: at p. p. 166: especi ...
... The law does not start with definitions and general rules already crystallized crystallized and put into definite words. Instead, some The events events occur; A acts and B complains thereof to aa court. The court must determine what society will do about it; this is a deterx66: at p. p. 166: especi ...
Tender Offers: Safeguards and Restraints-An
... Or, more commonly in markets which have usually been enthusiastic about acquisitions, the offer terms may seem favorable to the offeror, in which event its securities may rise. Even in this event, the movements are unlikely to fall as neatly into periods as the target company securities. If the offe ...
... Or, more commonly in markets which have usually been enthusiastic about acquisitions, the offer terms may seem favorable to the offeror, in which event its securities may rise. Even in this event, the movements are unlikely to fall as neatly into periods as the target company securities. If the offe ...
ARBITRATION AGREEMENT
... “The court is under the duty to decide the case according to the law and facts, but the court is not infallible. No system can guarantee the factual correctness of each and every judgment. Furthermore, we do not have a meta-test for judging the conformity of individual judgment to the truth; if we h ...
... “The court is under the duty to decide the case according to the law and facts, but the court is not infallible. No system can guarantee the factual correctness of each and every judgment. Furthermore, we do not have a meta-test for judging the conformity of individual judgment to the truth; if we h ...
Utmost Good Faith - Nigerian Law Guru
... The issue of materiality has been the subject of considerable discussion in the case law, and the evolving law on the subject reflects differences of view among the courts. In Christiania, 979 F.2d at 278, the court defined a material fact as one the "had it been revealed, the insurer or reinsurer w ...
... The issue of materiality has been the subject of considerable discussion in the case law, and the evolving law on the subject reflects differences of view among the courts. In Christiania, 979 F.2d at 278, the court defined a material fact as one the "had it been revealed, the insurer or reinsurer w ...
leasing real property
... Conversion is a tort that protects against interference with possessory and ownership interests in personal property. To establish a conversion, a plaintiff must establish an actual interference with his ownership or right of possession… where plaintiff neither has title to the property alleged to h ...
... Conversion is a tort that protects against interference with possessory and ownership interests in personal property. To establish a conversion, a plaintiff must establish an actual interference with his ownership or right of possession… where plaintiff neither has title to the property alleged to h ...
Open Price Agreements: Good Faith Pricing in the Franchise
... vendors. Specifically, the franchise relationship places the franchisor in the unique position of dictating the franchisee’s relationships with third-party vendors.29 Ostensibly to maintain the quality and image of the franchise, the franchisor may require as part of the agreement that the franchise ...
... vendors. Specifically, the franchise relationship places the franchisor in the unique position of dictating the franchisee’s relationships with third-party vendors.29 Ostensibly to maintain the quality and image of the franchise, the franchisor may require as part of the agreement that the franchise ...
Notice to Bidders [Forms]
... 1976 was enacted to increase the participation of minority-owned business enterprises, female-owned business enterprises, and local small business enterprises in City of Cleveland contracting. The Code also works to ensure that Contractors doing business with the City do not use discriminatory emplo ...
... 1976 was enacted to increase the participation of minority-owned business enterprises, female-owned business enterprises, and local small business enterprises in City of Cleveland contracting. The Code also works to ensure that Contractors doing business with the City do not use discriminatory emplo ...
What Does Accepted for Value Mean?
... does not have a written instrument to back his demand instrument. If he decides to issue the demand instrument in spite of his lack of authority, he is risking liability on the instrument. If the transferee (the one who the issuer directs the demand to) calls the issuer’s bluff, the issuer could be ...
... does not have a written instrument to back his demand instrument. If he decides to issue the demand instrument in spite of his lack of authority, he is risking liability on the instrument. If the transferee (the one who the issuer directs the demand to) calls the issuer’s bluff, the issuer could be ...
An Illinois Choice: Fossil Law or an Action for Promissory Fraud?
... even where the element of scienter exists, the statement objectively negates any justifiable reliance. Similarly, mere opinion typically is nonactionable in fraud because the very nature of a vague, indefinite, or puffing opinion, with its manifest lack of certitude, should forestall plaintiff's rel ...
... even where the element of scienter exists, the statement objectively negates any justifiable reliance. Similarly, mere opinion typically is nonactionable in fraud because the very nature of a vague, indefinite, or puffing opinion, with its manifest lack of certitude, should forestall plaintiff's rel ...
THE BOILERPLATE OF EVERYTHING AND THE IDEAL
... future disputes in consumer and employment contexts also suggest the current ability of corporations to leverage further the existing imbalance of power between individuals and corporate agents. In the aggregate, such contract terms, known as mandatory pre-dispute arbitration provisions, threaten to ...
... future disputes in consumer and employment contexts also suggest the current ability of corporations to leverage further the existing imbalance of power between individuals and corporate agents. In the aggregate, such contract terms, known as mandatory pre-dispute arbitration provisions, threaten to ...
Good Faith and Fair Dealing as an Underenforced Legal Norm
... 526 F. App’x 899, 910 (10th Cir. 2013) (finding that the freight service company’s conduct in terminating a long-term services agreement “[did] not rise to the level of action so egregious as to constitute a breach of good faith” under Utah law). 16. E.g., Am-Pro Protective Agency, Inc. v. United St ...
... 526 F. App’x 899, 910 (10th Cir. 2013) (finding that the freight service company’s conduct in terminating a long-term services agreement “[did] not rise to the level of action so egregious as to constitute a breach of good faith” under Utah law). 16. E.g., Am-Pro Protective Agency, Inc. v. United St ...
Filling Gaps in the Close Corporation Contract: A Transaction Cost
... Limits on Contracts in a Corporation, 15 J. CORP. L. 377 (1990). See also Symposium, Contractual Freedom in Corporate Law, 89 COLUM. L. REv. 1395 (1989). 17 The "would have wanted" theory is often criticized as indeterminate. Critics point with delight to Jordan v. Duff& Phelps, Inc., 815 F.2d 429 ( ...
... Limits on Contracts in a Corporation, 15 J. CORP. L. 377 (1990). See also Symposium, Contractual Freedom in Corporate Law, 89 COLUM. L. REv. 1395 (1989). 17 The "would have wanted" theory is often criticized as indeterminate. Critics point with delight to Jordan v. Duff& Phelps, Inc., 815 F.2d 429 ( ...
Getting Serious About User-Friendly Mass Market Licensing for
... out over terms in the form,31 and the user is not excused merely because he or she chose not to read the contract.32 This leads to the inevitable conclusion that, despite the large volume of scholarly criticism, EULAs are here to stay for the foreseeable future. II. ...
... out over terms in the form,31 and the user is not excused merely because he or she chose not to read the contract.32 This leads to the inevitable conclusion that, despite the large volume of scholarly criticism, EULAs are here to stay for the foreseeable future. II. ...
Recovering Pre-contractual Expenditures as an
... made."). See also J. E. Macy, Annotation, Right to Recover, in Action for Breach of Contract, Expenditure Incurred in Preparationfor Performance, 17 A.L.R.2D 1300 (1951). For expenditures incurred before the actual making of the contract, a defendant is not liable unless he is affirmatively shown to ...
... made."). See also J. E. Macy, Annotation, Right to Recover, in Action for Breach of Contract, Expenditure Incurred in Preparationfor Performance, 17 A.L.R.2D 1300 (1951). For expenditures incurred before the actual making of the contract, a defendant is not liable unless he is affirmatively shown to ...
sale of goods. - Cengage Learning
... • Special Rules for Contracts Between Merchants. After oral agreement, one of the merchants sends a signed, written memorandum containing essential terms to the other merchant within a reasonable time. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole ...
... • Special Rules for Contracts Between Merchants. After oral agreement, one of the merchants sends a signed, written memorandum containing essential terms to the other merchant within a reasonable time. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole ...
Recovery of Pure Economic Loss in Product Liability Actions: An
... Consequently, the adequacy of a tort rule in dealing with an injury should be determined by comparing it to the hypothetical rule to which the parties would have agreed if they could have bargained. In contract law, damage measures may act as a substitute for complete contingent contracts. 13 In the ...
... Consequently, the adequacy of a tort rule in dealing with an injury should be determined by comparing it to the hypothetical rule to which the parties would have agreed if they could have bargained. In contract law, damage measures may act as a substitute for complete contingent contracts. 13 In the ...
Introduction - ePublications@bond
... On the question of voluntariness, where a party to a contract makes a claim on the other party and threatens to bring legal proceedings unless the latter pays a certain sum of money, the payer may elect to pay in order to settle the claim. Such payments are regarded properly as voluntary payments. A ...
... On the question of voluntariness, where a party to a contract makes a claim on the other party and threatens to bring legal proceedings unless the latter pays a certain sum of money, the payer may elect to pay in order to settle the claim. Such payments are regarded properly as voluntary payments. A ...
Contract and Contagion: From Biopolitics to
... whole world, and one state of things must pass into another, and nothing remains as it was.”5 In Book VI, he maps it like this: there are atoms which fly around by chance. Some of these atoms cause disease and death. By some chance they amass in the migratory flows from periphery to city. The univer ...
... whole world, and one state of things must pass into another, and nothing remains as it was.”5 In Book VI, he maps it like this: there are atoms which fly around by chance. Some of these atoms cause disease and death. By some chance they amass in the migratory flows from periphery to city. The univer ...