Commercial Law Developments 2010
... at closing, and the debtor claims no DVD was provided, that did not render the collateral description inadequate. However, the collateral description did not cover software and customer lists developed or acquired after the closing. Such things are not “products” even though the debtor could not hav ...
... at closing, and the debtor claims no DVD was provided, that did not render the collateral description inadequate. However, the collateral description did not cover software and customer lists developed or acquired after the closing. Such things are not “products” even though the debtor could not hav ...
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Notice to Bidders [Forms]
... of Cuyahoga County, Geauga County, Lake County, Lorain County, and Medina County, Ohio; provided, however, that with respect to growers or producers of food only, the geographic market area also shall include: Erie County, Huron County, Richland County, Ashland County, Wayne County, Holmes County, S ...
... of Cuyahoga County, Geauga County, Lake County, Lorain County, and Medina County, Ohio; provided, however, that with respect to growers or producers of food only, the geographic market area also shall include: Erie County, Huron County, Richland County, Ashland County, Wayne County, Holmes County, S ...
Real Estate - The Law Society of British Columbia
... Appendix 22 – Sample Part 1 Notice of Claim to be used by Seller for Specific Performance or, alternatively, damages Appendix 23 – Sample Part 2 Notice of Claim to be used by Seller for Specific Performance or, alternatively, damages Appendix 24 – Sample Letters to Seller Appendix 25 – Sample Part 1 ...
... Appendix 22 – Sample Part 1 Notice of Claim to be used by Seller for Specific Performance or, alternatively, damages Appendix 23 – Sample Part 2 Notice of Claim to be used by Seller for Specific Performance or, alternatively, damages Appendix 24 – Sample Letters to Seller Appendix 25 – Sample Part 1 ...
torts outline - NYU School of Law
... difference btwn rules & standards – standard refers directly to underlying policy or rationale (clearly substantive) while rule is where application for decision maker is purely mechanical (no policy to consider) advantage of rules is that they (1) restrain judges since no room for discretion an ...
... difference btwn rules & standards – standard refers directly to underlying policy or rationale (clearly substantive) while rule is where application for decision maker is purely mechanical (no policy to consider) advantage of rules is that they (1) restrain judges since no room for discretion an ...
Filling Gaps in the Close Corporation Contract: A Transaction Cost
... view to maximizing the value of such resources.' 8 Thus, if rational individuals choose to become shareholder-employees of a closely held corporation, they do so in the rational belief that such choice will maximize the value of their human and money capital. This Part provides a transaction cost ex ...
... view to maximizing the value of such resources.' 8 Thus, if rational individuals choose to become shareholder-employees of a closely held corporation, they do so in the rational belief that such choice will maximize the value of their human and money capital. This Part provides a transaction cost ex ...
leasing real property
... interference with his ownership or right of possession… where plaintiff neither has title to the property alleged to have been converted, nor possession thereof, he cannot maintain an action for conversion. In Moore v. Regents of UC, Mr. Moore had to prove that he owned his body cells after remova ...
... interference with his ownership or right of possession… where plaintiff neither has title to the property alleged to have been converted, nor possession thereof, he cannot maintain an action for conversion. In Moore v. Regents of UC, Mr. Moore had to prove that he owned his body cells after remova ...
Good Faith and Fair Dealing as an Underenforced Legal Norm
... a set of judicially manageable standards inspired by the norm of good faith and fair dealing in the performance of contracts. The Article proceeds as follows. In Part I, I explain the development of the good faith and fair dealing norm in American contract law, emphasizing the gap between the rhetor ...
... a set of judicially manageable standards inspired by the norm of good faith and fair dealing in the performance of contracts. The Article proceeds as follows. In Part I, I explain the development of the good faith and fair dealing norm in American contract law, emphasizing the gap between the rhetor ...
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 ...
Property Outline - St. Thomas More – Loyola Law School
... 1. Pierson - on unpossessed waste land, Lodowick Post and his dogs started and hunted a fox. Pierson then caught and killed this fox in view of Post. (in New York). Court held that pursuing alone gave Pierson no property right to the wild fox, which was acquired by Post through killing and taking th ...
... 1. Pierson - on unpossessed waste land, Lodowick Post and his dogs started and hunted a fox. Pierson then caught and killed this fox in view of Post. (in New York). Court held that pursuing alone gave Pierson no property right to the wild fox, which was acquired by Post through killing and taking th ...
Consequential Damages for Commercial Loss
... ing in breach of contract and the millers' extended loss of profits from the continued shutdown of their operations.' The rule for recovery of contract damages was framed by the Hadley court as follows: Where two parties have made a contract which one of them has broken, the damages which the other ...
... ing in breach of contract and the millers' extended loss of profits from the continued shutdown of their operations.' The rule for recovery of contract damages was framed by the Hadley court as follows: Where two parties have made a contract which one of them has broken, the damages which the other ...
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 ...
Public Policy in English and American Law
... marriage. The purpose of the second chapter is therefore to analyze the most common contracts unenforceable according to the doctrine on grounds of public policy. Although, the general rule is the non-enforcement of a contract injurious to interest of the society, courts adopt in some cases a severe ...
... marriage. The purpose of the second chapter is therefore to analyze the most common contracts unenforceable according to the doctrine on grounds of public policy. Although, the general rule is the non-enforcement of a contract injurious to interest of the society, courts adopt in some cases a severe ...
The Insurance Condition Subsequent
... said to be a condition, the happening of which "will extinguish a duty to make compensation for breach of contract after the breach has occurred. ' Following through the implications of these conventional definitions it is discovered that they are broad enough to cover many sets of operative facts w ...
... said to be a condition, the happening of which "will extinguish a duty to make compensation for breach of contract after the breach has occurred. ' Following through the implications of these conventional definitions it is discovered that they are broad enough to cover many sets of operative facts w ...
Contract Theory and the Limits of Reason
... As these two examples show, we are all constantly engaged with different aesthetics. A given aesthetic is never fully adopted, nor is it truly abandoned; rather, jurists switch aesthetics regularly. For instance, we are all grid-thinkers when we teach law (i.e., we separate sharply between contract, ...
... As these two examples show, we are all constantly engaged with different aesthetics. A given aesthetic is never fully adopted, nor is it truly abandoned; rather, jurists switch aesthetics regularly. For instance, we are all grid-thinkers when we teach law (i.e., we separate sharply between contract, ...
ATSWA Study Pack - Business Law
... the examinations of the Accounting Technicians Scheme West Africa (ATSWA), put in place a Harmonisation Committee, to among other things, facilitate the production of Study Packs for student. Hitherto, the major obstacle faced by students was the dearth of study text which they needed to prepare for ...
... the examinations of the Accounting Technicians Scheme West Africa (ATSWA), put in place a Harmonisation Committee, to among other things, facilitate the production of Study Packs for student. Hitherto, the major obstacle faced by students was the dearth of study text which they needed to prepare for ...
Liability for the Torts of Independent Contractors in California
... intrinsic danger, 15 include a vast array and provide a fertile area for judicial widening of the exceptions.' 6 The fact that the two exceptions may be fundamentally the same seems never to have seriously troubled the courts. Frequently both rules are stated, or it is said that the duty is created ...
... intrinsic danger, 15 include a vast array and provide a fertile area for judicial widening of the exceptions.' 6 The fact that the two exceptions may be fundamentally the same seems never to have seriously troubled the courts. Frequently both rules are stated, or it is said that the duty is created ...
Phillips Contracts Winter 1997
... be done in the future. Promises are enforceable by law called contracts. 3. beneficiary - when performance of a promise will benefit someone other than the promise, that person is called the “beneficiary.” 4. express K - theory of contractual liability. oral or written and consists of offer, accepta ...
... be done in the future. Promises are enforceable by law called contracts. 3. beneficiary - when performance of a promise will benefit someone other than the promise, that person is called the “beneficiary.” 4. express K - theory of contractual liability. oral or written and consists of offer, accepta ...
Open Price Agreements: Good Faith Pricing in the Franchise
... have anticipated the addition of provisions change in its cost of crude mutually intended at the oil. Meanwhile, the dealer time the contract was conwould have reaped a windfall selling gasoline at more than summated.25 Relying on the courts’ power to imply terms twice its cost to a market willing t ...
... have anticipated the addition of provisions change in its cost of crude mutually intended at the oil. Meanwhile, the dealer time the contract was conwould have reaped a windfall selling gasoline at more than summated.25 Relying on the courts’ power to imply terms twice its cost to a market willing t ...
Contract Law in Timor-Leste
... 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 obligations in exchange for certain legally enforceable rights or entitlements. Courts generally ...
... 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 obligations in exchange for certain legally enforceable rights or entitlements. Courts generally ...
International Business Transactions_Lawrence (Spring 2007)
... Acceptance: unreserved & unconditional, mirror image of offer. o Any restrictions or changes is treated as a rejection, & a counter offer requiring acceptance. o Accept the new offer by performance or silence if it is good faith. o If both parties perform under K w/out express acceptance German cour ...
... Acceptance: unreserved & unconditional, mirror image of offer. o Any restrictions or changes is treated as a rejection, & a counter offer requiring acceptance. o Accept the new offer by performance or silence if it is good faith. o If both parties perform under K w/out express acceptance German cour ...
Offer and Acceptance, and Some of the Resulting Legal Relations
... convenient generally generally to define Very likely it would be most convenient contract in sense (3), (3), as the legal relations between persons persons arising from a voluntary voluntary expression expression of intention, and including including arising at least one primary primary right in per ...
... convenient generally generally to define Very likely it would be most convenient contract in sense (3), (3), as the legal relations between persons persons arising from a voluntary voluntary expression expression of intention, and including including arising at least one primary primary right in per ...
I. The Basic Checking Relationship and the Bank`s Right to Pay
... 2. Rule that required banks not to pay overdrafts would be unduly burdensome on customers who would have bad credit and bounced checks iv. Bank’s can agree to pay overdrafts, and thus become obliged to do so. 4-402(a) states that “a bank may dishonor an item that would create an overdraft unless it ...
... 2. Rule that required banks not to pay overdrafts would be unduly burdensome on customers who would have bad credit and bounced checks iv. Bank’s can agree to pay overdrafts, and thus become obliged to do so. 4-402(a) states that “a bank may dishonor an item that would create an overdraft unless it ...
Rescission, Restitution, and the Principle of Fair Redress: A
... in prominent journals have cited this Article with approval,5 I respectfully suggest that it has some fundamental flaws on both legal and economic grounds. In my Article, I summarize the authors’ argument, identify my concerns, and propose an alternative formulation. Brooks and Stremitzer write that ...
... in prominent journals have cited this Article with approval,5 I respectfully suggest that it has some fundamental flaws on both legal and economic grounds. In my Article, I summarize the authors’ argument, identify my concerns, and propose an alternative formulation. Brooks and Stremitzer write that ...
Hey, But It`s My Money! Ownership And The Enforcement Of
... category of potential conversion defendants. That section should thus be read to ensure that the parties able to enforce conversion liability include all of its potential victims, such as the entity to whom an instrument’s proceeds were due and owing on account of services it had rendered. This may ...
... category of potential conversion defendants. That section should thus be read to ensure that the parties able to enforce conversion liability include all of its potential victims, such as the entity to whom an instrument’s proceeds were due and owing on account of services it had rendered. This may ...
Fairfield Glade Community Club Boat Sticker Policy
... paddle boards, row boats, inflatable boats and sailboats 12 ft. and under. Placement of boat stickers is defined in the boat sticker placement guide that is available at the marinas and on line. Nonconformance with this policy will result in a fine as identified in the fine structure below. ...
... paddle boards, row boats, inflatable boats and sailboats 12 ft. and under. Placement of boat stickers is defined in the boat sticker placement guide that is available at the marinas and on line. Nonconformance with this policy will result in a fine as identified in the fine structure below. ...