May 19, 2010
The Case of the Vague & Ambiguous Contracts Exam Instruction
As always, quality investigative reporting from Above the Law. Apparently, a contracts prof at Cornell told the students that there would be a word limit on the exam, and said it would be "well, maybe 1000 words." Then, once the exam was given, no word limit was stated. The students were unsure whether they needed to stay within 1000 words (and, if so, per question or per the whole exam?) Some students chose to stay within 1000 words, others chose not to.
If you were the dean, how would you resolve this? Read more of the story over at ATL to see how the situation has apparently been resolved.
[Meredith R. Miller]
May 18, 2010
Now in Print
A. Blair Dunn, Stockman's Liability and the Changing Livestock Genetics Market, 73 Tex. B.J. 406 (2010).
Harper Estes & Douglas Prieto, Contracts as Fences: Representing the Agricultural Producer in an Oil and Gas Environment, 73 Tex. B.J. 378 (2010).
Erin E. Gould, Comment, Read the Fine Print: A Critical Look at Oregon's Noncompete and Nonsolicitation Agreement Laws, 88 Or. L. Rev. 515 (2009).
George L. Gretton, Missives by Fax or PDF?, 14 Edinburgh L. Rev. 280 (2010).
Lord Hoffman, The Achilleas: Custom and Practice or Foreseeability?, 14 Edinburgh L. Rev. 47 (2010).
Bryan Hoynak, Note, Filling in the Blank: Defining Breaches of Contract Excepted from Discharge as Willful and Malicious Injuries to Property Under 11 U.S.C. § 523(a)(6), 67 Wash. & Lee L. Rev. 693 (2010).
J.J. Knauff, A Little TLC: Tender, Liability, and Covenants vis-à-vis Recovery of Pre-Notice Defense Costs After PAJ, Inc. v. Hanover Insurance Co. and its Progeny, 16 Tex. Wesleyan L. Rev. 187 (2010).
Tjakie Naudé, The Consumer's "Right to Fair, Reasonable and Just Terms" Under the New Consumer Protection Act in Comparative Perspective, 126 S. Afr. L.J. 505 (2009).
Peter J. Quinn, Comment, A Click Too Far: The Difficulty in Using Adhesive American Law License Agreements to Govern Global Virtual Worlds, 27 Wis. Int'l L.J. 757 (2010).
Daniel Rainer, Note, The Impact of West Tankers on Parties' Choice of a Seat of Arbitration, 95 Cornell L. Rev. 431 (2010).
[Keith A. Rowley]
May 17, 2010
I tried demanding higher pay, but as the picture at left illustrates, that didn't work. So instead I am going to take a break from blogging about contracts. To be honest, the decision has less to do with the beating that Joe Hodnicki and Paul Caron administered to me, as my co-bloggers cheered them on, than with the fact that I will be on leave next year and will not be teaching contracts. Since I will not be teaching contracts, I likely will not be thinking about contracts, although contracts doctrine will remain in reasonably close proximity to my heart.