February - New York State Board of Law Examiners
... A. The issue is when a seller sends nonconforming goods and the buyer rejects for nonconformance, who bears the risk of loss on the goods. When a contract is entered into for the sale of goods between merchants, the buyer bears the risk of loss once the goods leave the control of the seller, unless ...
... A. The issue is when a seller sends nonconforming goods and the buyer rejects for nonconformance, who bears the risk of loss on the goods. When a contract is entered into for the sale of goods between merchants, the buyer bears the risk of loss once the goods leave the control of the seller, unless ...
Contract Theory and the Limits of Reason
... A friend asks for your legal advice concerning a problem she has with her landlord. She tells you her story, which is long and full of particulars. In order to make sense of the situation, you immediately ask yourself, what kind of problem is this? And once this question is asked, the answer seems c ...
... A friend asks for your legal advice concerning a problem she has with her landlord. She tells you her story, which is long and full of particulars. In order to make sense of the situation, you immediately ask yourself, what kind of problem is this? And once this question is asked, the answer seems c ...
Mass Marketed Software - DigitalCommons @ LSU Law Center
... software and hardware are sold as a package, the manufacturer sometimes provides that the software may not be used until a license agreement is signed and returned. While each software manufacturer furnishes its own "agreement," most mass marketed software licenses exhibit similar characteristics. T ...
... software and hardware are sold as a package, the manufacturer sometimes provides that the software may not be used until a license agreement is signed and returned. While each software manufacturer furnishes its own "agreement," most mass marketed software licenses exhibit similar characteristics. T ...
here - Larson • King
... does not affect whether Gretsch has a claim under Minn. Stat. § 58.18, subd. 1. B. In the alternative, Acqura argues that even if Minn. Stat. § 58.18, subd. 1, provides standing to nonparties to contracts to sue for breach of contract, the provision does not apply in this case for two reasons. First ...
... does not affect whether Gretsch has a claim under Minn. Stat. § 58.18, subd. 1. B. In the alternative, Acqura argues that even if Minn. Stat. § 58.18, subd. 1, provides standing to nonparties to contracts to sue for breach of contract, the provision does not apply in this case for two reasons. First ...
The Insurance Condition Subsequent
... is the difference between a promise and a condition. While a promise may contain a conditional term, there is nevertheless an important difference. A promise Is an undertaking that something will or will not happen; it creates a duty in the promisor, duty being such a legal relationship that on the ...
... is the difference between a promise and a condition. While a promise may contain a conditional term, there is nevertheless an important difference. A promise Is an undertaking that something will or will not happen; it creates a duty in the promisor, duty being such a legal relationship that on the ...
The Waiver of Consequential Damages in the A201
... Owner of delays in the completion of the construction project. At least in theory, they are calculated to be an approximation of the Owner’s actual damages, which means that liquidated damages by definition take the Owner’s special circumstances into account. This means that any damages that are exp ...
... Owner of delays in the completion of the construction project. At least in theory, they are calculated to be an approximation of the Owner’s actual damages, which means that liquidated damages by definition take the Owner’s special circumstances into account. This means that any damages that are exp ...
Institutional and Ad hoc Arbitrations: Advantages
... the name of a well known institution for example, ICC, is helpful in terms of enforcement. It is only natural for courts faced with the enforcement of an award from a reputed institutional arbitration to be more accommodating considering the institution’s reputation in running a well administered an ...
... the name of a well known institution for example, ICC, is helpful in terms of enforcement. It is only natural for courts faced with the enforcement of an award from a reputed institutional arbitration to be more accommodating considering the institution’s reputation in running a well administered an ...
here - Roger Royse
... What is justice, and how do we know it when we see it? Lakoff and Johnson define justice (and fairness) in terms of a metaphorical moral accounting system, where the lack of an equivalence is seen as injustice. Moral accounting is itself a metaphor, and can be mapped as follows: Justice is Moral Acc ...
... What is justice, and how do we know it when we see it? Lakoff and Johnson define justice (and fairness) in terms of a metaphorical moral accounting system, where the lack of an equivalence is seen as injustice. Moral accounting is itself a metaphor, and can be mapped as follows: Justice is Moral Acc ...
2dcacvInteractive - Florida Attorney General
... Microsoft's behalf, IRM claimed that it was never aware of the physical location of those individuals and did not knowingly have any dealings with Microsoft in Washington State. IRM contended that, to its knowledge, neither Microsoft Online, L.P., nor Microsoft IA, Inc., had offices or employees in ...
... Microsoft's behalf, IRM claimed that it was never aware of the physical location of those individuals and did not knowingly have any dealings with Microsoft in Washington State. IRM contended that, to its knowledge, neither Microsoft Online, L.P., nor Microsoft IA, Inc., had offices or employees in ...
Logic-Based Tools for the Analysis and Representation of Legal
... (a) To what extent can techniques developed for the representation of legislation and regulations be transferred and applied usefully in the domain of legal contracts? (b) What features are specific to legal contracts and what techniques can be developed to address them? The intended applications in ...
... (a) To what extent can techniques developed for the representation of legislation and regulations be transferred and applied usefully in the domain of legal contracts? (b) What features are specific to legal contracts and what techniques can be developed to address them? The intended applications in ...
Contract Law in Timor-Leste
... them to pay money, called damages, to make up for not doing what they promised to do. More technically, a contract is a promise or multiple promises, normally between two or more people or organizations, called “contracting parties,” agreeing to undertake certain legally enforceable duties or obliga ...
... them to pay money, called damages, to make up for not doing what they promised to do. More technically, a contract is a promise or multiple promises, normally between two or more people or organizations, called “contracting parties,” agreeing to undertake certain legally enforceable duties or obliga ...
Lecture 14 (More on Remedies for Efficient Breach and Reliance)
... To sum up, the efficient level of investment leads to a 40,000/430,000 chance of breach. Damages which are set equal to D lead to a self-interested promisor to allow a probability of breach of 40,000/(D + 100,000). So when damages are set to 330,000 – benefit including reliance – the investment in p ...
... To sum up, the efficient level of investment leads to a 40,000/430,000 chance of breach. Damages which are set equal to D lead to a self-interested promisor to allow a probability of breach of 40,000/(D + 100,000). So when damages are set to 330,000 – benefit including reliance – the investment in p ...
Lord Goldsmith QC A Brave New World – Can The BVI International
... THE RISE OF THE NEW WORLD ARBITRATION CENTRES ...
... THE RISE OF THE NEW WORLD ARBITRATION CENTRES ...
Public Policy in English and American Law
... powers to individuals in order to facilitate their transactions. It also implies that parties of full age and competent understanding must have the greatest freedom of contracting. Consequently, courts will generally enforce them without passing on their substance. However, they occasionally conside ...
... powers to individuals in order to facilitate their transactions. It also implies that parties of full age and competent understanding must have the greatest freedom of contracting. Consequently, courts will generally enforce them without passing on their substance. However, they occasionally conside ...
Rescission, Restitution, and the Principle of Fair Redress: A
... liberal rights of rescission, followed by restricted restitution, would enhance contractual stability by strongly encouraging seller investments and price reductions. Because the authors’ economic premises are unsupported, their proposals for legal reform lack a sound foundation. Little danger exist ...
... liberal rights of rescission, followed by restricted restitution, would enhance contractual stability by strongly encouraging seller investments and price reductions. Because the authors’ economic premises are unsupported, their proposals for legal reform lack a sound foundation. Little danger exist ...
18. Ijarah
... 9. Cancellation of the Ijarah Contract Illustration: Lessee Liability Resulting in Termination ABC Co. leases ten buses for one month from XYZ Co. for different destinations. The buses were handed to ABC after the signing of the lease contract with all the buses functioning well. After ten days of ...
... 9. Cancellation of the Ijarah Contract Illustration: Lessee Liability Resulting in Termination ABC Co. leases ten buses for one month from XYZ Co. for different destinations. The buses were handed to ABC after the signing of the lease contract with all the buses functioning well. After ten days of ...
CONSIDERATION DOCTRINE AND REGULATORY ARBITRAGE IN
... mortgage securitization industry’s past practices have adopted the catchy phrase, “The mortgage follows the note.” Sometimes the catchphrase is cast in more authoritative language: “The Uniform Commercial Code says the mortgage follows the note.” What this means is that mortgage-related formalities ...
... mortgage securitization industry’s past practices have adopted the catchy phrase, “The mortgage follows the note.” Sometimes the catchphrase is cast in more authoritative language: “The Uniform Commercial Code says the mortgage follows the note.” What this means is that mortgage-related formalities ...
SUPPLY BOND - Central Florida Expressway Authority
... NOW, THEREFORE, if the said Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Purchase Order during the original term of said Purchase Order and any extensions thereof that may be granted by CFX, with or without notice to th ...
... NOW, THEREFORE, if the said Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Purchase Order during the original term of said Purchase Order and any extensions thereof that may be granted by CFX, with or without notice to th ...
bailment - Tutor Tales
... The terms of this writing [ie the contract] qualify the obligations that would be created by the mere fact of bailment. ...
... The terms of this writing [ie the contract] qualify the obligations that would be created by the mere fact of bailment. ...
Vertical Integration and Contracting in the US
... brooding and finishing operations. The rationale for the change is to avoid the presence of multiple generations of turkeys on the same farm at any given time. With the new management practice the farmer specializes in either brooding or finishing of turkeys, and the two stages of the production pro ...
... brooding and finishing operations. The rationale for the change is to avoid the presence of multiple generations of turkeys on the same farm at any given time. With the new management practice the farmer specializes in either brooding or finishing of turkeys, and the two stages of the production pro ...
200606DiazBus - UNC School of Government
... Compare Melton v. Family First Mortg. Corp., 156 N.C. App. 129, 576 S.E.2d 365 (2003)(SJ for defendant proper with respect to handling of mortgage documents where plaintiff failed to show that any of the allegedly unfair or deceptive acts violated industry standards or caused actual injury), with Wa ...
... Compare Melton v. Family First Mortg. Corp., 156 N.C. App. 129, 576 S.E.2d 365 (2003)(SJ for defendant proper with respect to handling of mortgage documents where plaintiff failed to show that any of the allegedly unfair or deceptive acts violated industry standards or caused actual injury), with Wa ...
10_chapter 6
... that by virtue of the principle of promissory estoppel. the state Government could not change the exemption notification to the detriment of the assessee. The High Court allowed the writ petition. The question before the Supreme Court was whether the government had made any promise to the respondent ...
... that by virtue of the principle of promissory estoppel. the state Government could not change the exemption notification to the detriment of the assessee. The High Court allowed the writ petition. The question before the Supreme Court was whether the government had made any promise to the respondent ...
recent developments in delaware commercial law: important
... agreement), the court was unconvinced that the parties “intended to be bound to a specific license agreement when they agreed to attach the LATS” to such transaction documents.12 Further, the court was persuaded that the LATS did not include all essential terms of a license agreement and, for that r ...
... agreement), the court was unconvinced that the parties “intended to be bound to a specific license agreement when they agreed to attach the LATS” to such transaction documents.12 Further, the court was persuaded that the LATS did not include all essential terms of a license agreement and, for that r ...
Newly Identified Contract Unconscionability
... Antecedent to a decision to limit expectation damages in any manner is an assumption that expectation damages should usually be awarded; that is, that the aggrieved party should be placed so far as possible in the position he would have occupied had the contract been performed. This assumption is by ...
... Antecedent to a decision to limit expectation damages in any manner is an assumption that expectation damages should usually be awarded; that is, that the aggrieved party should be placed so far as possible in the position he would have occupied had the contract been performed. This assumption is by ...