The only meaningful salve to the problem of misinformed assent to onerous clauses in standard form contracts thus far has been the unconscionability doctrine, but that doctrine tends to be reserved for the harshest and severest terms. Therefore, a new tool is needed for courts to protect consumers' interests. Section 211 of the Restatement (Second) of Contracts creates such a tool. Subsection 211(3) provides where the merchant has reason to believe that the consumer would not assent if he knew that the writing contained a particular term, the term is not part of the agreement. This rule has thus far been largely rejected and marginalized by courts and commentators as running afoul of the traditional duty to read, but in fact the rule is quite sensible. It is squarely grounded in the obj...
... a rule that is consistent with the objective theory of contracts and with general principles of...
... Shelton, $1,675,000 on his breach-of-contract and fraud. claims against Kennedy Funding, Inc. (K... minds" must be understood under the "objective theory" of Arkansas contract law). KFI argues ther...
... Brothers) $240,000 for breach of an oral contract. Potlatch challenges the district court's jury ins... contract instruction communicates an "objective theory" of contract law. Id. at 916 (citation omit...
... would be the present-day democratic peace theory. A good organization has as its objective the "sec... that marks civil peace, emerging as a contract that relies on state authority. That is, internati...
... justice is restricted as Rawls did in A Theory of Justice, conceiving "the basic structure .. for... to be regulated by some appropriate objective hierarchy of successes. In his reflections on fair... the breadth cannot be justified, then contraction, not fair exercise, would be the right solution. S...
To justify the logical transition from factual observation to moral proclamation, Aquinas explicitly appealed to Biblical allegory-arguing that God would not have given people dominion over fish unless He intended them to have control over the necessaries of life.21 With similar reliance on religious doctrine, Aquinas argued that the Christian virtue of charity should limit the extent of one's lawful property holdings,22 and he did not reject the idea that a community body should be charged with overseeing property distribution, apparently to effectuate observance of the virtue of charity.23 Aquinas' theological arguments suggest that he took the Golden Rule as his ethical premise. The injunction to love one's neighbor provided the logical transition between the observation of a need a...
... and historical path as natural law theory. Then, the article discusses how the confused phil...Spawn of the Attack: The Traditional Objective Theory. Instead of chasing what they considered th...
... the firm's rating agencies looking at contract characteristics (Kose, Ravid & Reisel, 2003), at p... could be considered coherent with the theory that a higher complexity of the asset evaluation c... the judgments are coherent) is highly objective and not influenced by the relationship established...
Corporate law theory and practice considers shareholder relations with companies and the implications of ownership separated from control. Yet through the Troubled Asset Relief Program (TARP) bailout and the government's resultant shareholding, ownership and control at many companies have merged, leaving corporate theory and practice for the financial and automotive sectors in chaos. The government's $700 billion bailout is a unique historical event; not merely because of its size, but also because of a resulting ripple through corporate scholarship and practice. This article builds on the author's five testimonies before Congress during the financial crisis and implementation of the TARP bailout and his consultation for the Special Inspector General for TARP. After considering corporat...
... law in agency theory and nexus-of-contracts theory. In both contexts, it considers the effects... value is the only legitimate objective of the corporation, and 2) designing ways to assis...
Law practice and legal education are facing fundamental changes. Many assume that these changes will force law schools to give up on theory and focus more on training students for the practice of law. However, this Essay shows that the future may be more uncertain and complex. The only thing that is certain is that law schools may face, for the first time, the need to provide the type of education the market demands rather than serving lawyers’ and law professors’ preferences. Legal educators must respond to these demands by serving not just the existing U.S. market for legal services but also a global market for legal information. This may call for training in some, but not all, of the theories and disciplines that have been developing in law schools.
ver las páginas en versión mobile | web
ver las páginas en versión mobile | web
© Copyright 2012, vLex. All Rights Reserved.
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
Other interesting searches:
Nathan Lerner | The Tide | singapore f1 | Lawrence Nelson | AGL Capital Corporation | ypozane | Vaunac | Formes de la notification | difesan | politica monetaria argentina
