170 Years of Texas Contract Law
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Voluntary Obligation and Contract
Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2019 Voluntary Obligation and Contract Aditi Bagchi Fordham University Law School, [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/faculty_scholarship Part of the Contracts Commons Recommended Citation Aditi Bagchi, Voluntary Obligation and Contract, 20 Theoretical Inquiries in L. 433 (2019) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/994 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. 433 Voluntary Obligation and Contract Aditi Bagchi* Absent mistake or misrepresentation, most scholars assume that parties who agree to contract do so voluntarily. Scholars tend further to regard that choice as an important exercise in moral agency. Hanoch Dagan and Michael Heller are right to question the quality of our choices. Where the fundamental contours of the transaction are legally determined, parties have little opportunity to exercise autonomous choice over the terms on which they deal with others. To the extent that our choices in contract do not reflect our individual moral constitutions — our values, virtues, vices, the set of reasons we reject and the set of reasons we endorse — we are not justified in regulating contracts reluctantly. Contracts are entitled to the privilege of liberal regulatory deference only to the extent that they are the work product of individual autonomy. -
The Genius of Roman Law from a Law and Economics Perspective
THE GENIUS OF ROMAN LAW FROM A LAW AND ECONOMICS PERSPECTIVE By Juan Javier del Granado 1. What makes Roman law so admirable? 2. Asymmetric information and numerus clausus in Roman private law 2.1 Roman law of property 2.1.1 Clearly defined private domains 2.1.2 Private management of resources 2.2 Roman law of obligations 2.2.1 Private choices to co-operate 2.2.2 Private choices to co-operate without stipulating all eventualities 2.2.3 Private co-operation within extra-contractual relationships 2.2.4 Private co-operation between strangers 2.3 Roman law of commerce and finance 3. Private self-help in Roman law procedure 4. Roman legal scholarship in the restatement of civil law along the lines of law and economics 1. What makes Roman law so admirable? Law and economics aids us in understanding why Roman law is still worthy of admiration and emulation, what constitutes the “genius” of Roman law. For purposes of this paper, “Roman law” means the legal system of the Roman classical period, from about 300 B.C. to about 300 A.D. I will not attempt the tiresome job of being or trying to be a legal historian in this paper. In the manner of German pandect science, let us stipulate that I may arbitrarily choose certain parts of Roman law as being especially noteworthy to the design of an ideal private law system. This paper discusses legal scholarship from the ius commune. It will also discuss a few Greek philosophical ideas which I believe are important in the Roman legal system. -
Contracts Book.Indd
Contracts, Agreements and Book Series-1 Public Policy in India CONTRACTS, AGREEMENTS AND PUBLIC POLICY IN INDIA i NLSIU ii Contracts, Agreements and Book Series-1 Public Policy in India CONTRACTS, AGREEMENTS AND PUBLIC POLICY IN INDIA Edited by SAIRAM BHAT Assistant Editors Shiva Santosh Kumar Anita Yadav Arpitha H C Ashwini Arun NATIONAL LAW SCHOOL OF INDIA UNIVERSITY Bengaluru BOOK SERIES-1-2015 iii NLSIU Copyright © Sairam Bhat, NLSIU 2015 All rights reserved. No part of this book may be reproduced or utilized in any form or by any means, electronic and mechanical, including photocopying, recording or by any information storage or otherwise, without permission in writing from NLSIU. Price: 2000 INR [Inland -without postage] Contact e Librarian / Distance Education Department National Law School of India University Nagarbhavi, P O Box 7201 Bengaluru, Karnataka, India-560242 Email: [email protected] Disclaimer: e views expressed by the author/s in the Book are their personal views and do not re ect the views of National Law School of India University. e Editor and National Law School of India University are not responsible for mistakes if any, and for copyright violations of any kind. ISBN-978-93-83363-37-7 Printer National Printing Press, Bengaluru-96 iv Contracts, Agreements and Book Series-1 Public Policy in India We dedicate this book to the founding faculty members of NLSIU Professor N. R. Madhava Menon Professor N. L. Mitra Professor V. S. Mallar Professor A. Jayagovind Professor V. Vijayakumar Professor S. V. Joga Rao v NLSIU vi Contracts, Agreements and Book Series-1 Public Policy in India CONTENTS Foreword .................................................................................................... -
The Will As an Implied Unilateral Arbitration Contract, 68 Fla
Florida Law Review Volume 68 | Issue 1 Article 2 October 2016 The iW ll As An Implied Unilateral Arbitration Contract E. Gary Spitko Follow this and additional works at: http://scholarship.law.ufl.edu/flr Part of the Estates and Trusts Commons Recommended Citation E. Gary Spitko, The Will As An Implied Unilateral Arbitration Contract, 68 Fla. L. Rev. 49 (2016). Available at: http://scholarship.law.ufl.edu/flr/vol68/iss1/2 This Article is brought to you for free and open access by UF Law Scholarship Repository. It has been accepted for inclusion in Florida Law Review by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. Spitko: The Will As An Implied Unilateral Arbitration Contract THE WILL AS AN IMPLIED UNILATERAL ARBITRATION CONTRACT E. Gary Spitko* Abstract A consensus has begun to develop in the case law, the academic commentary, and the statutory reform movement that a testator’s provision in her will mandating arbitration of any challenge to the will should not be enforceable against a beneficiary who has not agreed to the arbitration provision, at least where the will contestant, by his contest, seeks to increase his inheritance outside the will. Grounding this consensus is the widespread understanding that a will is not a contract. This Article seeks to challenge both the understanding that a will is not a contract and the opposition to enforcement of testator-compelled arbitration provisions that arises from that understanding. This Article argues that a will is part of an implied unilateral contract between the testator and the state in which the state offers to honor the testator’s donative intent, and the testator accepts and provides consideration for the offer by creating and preserving wealth. -
Force Majeure and Common Law Defenses | a National Survey | Shook, Hardy & Bacon
2020 — Force Majeure SHOOK SHB.COM and Common Law Defenses A National Survey APRIL 2020 — Force Majeure and Common Law Defenses A National Survey Contractual force majeure provisions allocate risk of nonperformance due to events beyond the parties’ control. The occurrence of a force majeure event is akin to an affirmative defense to one’s obligations. This survey identifies issues to consider in light of controlling state law. Then we summarize the relevant law of the 50 states and the District of Columbia. 2020 — Shook Force Majeure Amy Cho Thomas J. Partner Dammrich, II 312.704.7744 Partner Task Force [email protected] 312.704.7721 [email protected] Bill Martucci Lynn Murray Dave Schoenfeld Tom Sullivan Norma Bennett Partner Partner Partner Partner Of Counsel 202.639.5640 312.704.7766 312.704.7723 215.575.3130 713.546.5649 [email protected] [email protected] [email protected] [email protected] [email protected] SHOOK SHB.COM Melissa Sonali Jeanne Janchar Kali Backer Erin Bolden Nott Davis Gunawardhana Of Counsel Associate Associate Of Counsel Of Counsel 816.559.2170 303.285.5303 312.704.7716 617.531.1673 202.639.5643 [email protected] [email protected] [email protected] [email protected] [email protected] John Constance Bria Davis Erika Dirk Emily Pedersen Lischen Reeves Associate Associate Associate Associate Associate 816.559.2017 816.559.0397 312.704.7768 816.559.2662 816.559.2056 [email protected] [email protected] [email protected] [email protected] [email protected] Katelyn Romeo Jon Studer Ever Tápia Matt Williams Associate Associate Vergara Associate 215.575.3114 312.704.7736 Associate 415.544.1932 [email protected] [email protected] 816.559.2946 [email protected] [email protected] ATLANTA | BOSTON | CHICAGO | DENVER | HOUSTON | KANSAS CITY | LONDON | LOS ANGELES MIAMI | ORANGE COUNTY | PHILADELPHIA | SAN FRANCISCO | SEATTLE | TAMPA | WASHINGTON, D.C. -
Oil & Gas Contract Administration For
OIL & GAS CONTRACT ADMINISTRATION FOR THE 8O's AND 9O's - NEGOTIATING THE LEGAL AND REGULATORY MAZE Presented to Employees of OXY CITIES SERVICE NGL INC. 23 March 1988 Tulsa, Oklahoma by David E. Pierce Associate Director National Energy Law & Policy Institute Visiting Associate Professor of Law University of Tulsa College of Law I I I OIL & GAS CONTRACT ADMINISTRATION FOR THE 8O 1 s AND 9O's - I NEGOTIATING THE LEGAL AND REGULATORY MAZE Presented to Employees of OXY CITIES SERVICE NGL INC. I 23 March 1988 Tulsa, Oklahoma I by David E. Pierce I Associate Director National Energy Law & Policy Institute Visiting Associate Professor of Law I University of Tulsa College of Law Copyright 1988 by David E. Pierce I All Rights Reserved I I Outline Table of Contents Page I I. PROGRAM DESCRIPTION AND SCHEDULE ................... 2 II. INTRODUCTION TO OIL AND GAS CONTRACTS .............. 3 I III. THE DEVELOPMENT PROCESS 9 IV. THE OIL AND GAS LEASE . 19 I v. .JOINT OPERATIONS ................................... 31 I VI. PRODUCTION SALES • • . • . • . 34 VII. CURRENT GAS PROCESSING ISSUES ...................... 48 I VIII. FERC AND YOUR DAILY OPERATIONS ............•........ 56 I IX. FUTURE INDUSTRY DEVELOPMENTS ....................... 63 I I I I PROGRAM DESCRIPTION AND SCHEDULE A. Program Description I l. This four-hour program is designed for attorneys, accountants, and contract administrators, who must work with contracts used to facilitate the I exploration, development, production, processing, and marketing of oil and gas. 2. The development process is studied I chronologically, examining each player in the development process and the common types of I contracts encountered. 3. After studying the development process, the oil and gas lease, and conveyances by the lessor and assignments by the lessee, are examined more I closely to identify common problems which confront persons representing a gas processing plant I operator. -
Case 2:01-Cv-06764-MAK Document 192 Filed 02/27/14 Page 1 of 156
Case 2:01-cv-06764-MAK Document 192 Filed 02/27/14 Page 1 of 156 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GENE R. ROMERO, et al., : : Plaintiffs, : CIVIL ACTION : v. : NO. 01-3894 : : CONSOLIDATED WITH ALLSTATE INSURANCE COMPANY, : et al., : NO. 01-6764 Defendants. : NO. 01-7042 TABLE OF CONTENTS FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT AS TO THE VALIDITY OF THE RELEASE I. FACTUAL BACKGROUND. 1 A. Allstate’s Agency Programs Prior to 1999.. 2 1. The NOA Program.. 3 2. R830 and R1500 Contracts. 5 3. Allstate’s Exclusive Agent Independent Contractor Program. 9 4. Allstate’s Litigation with the IRS. 11 B. The Preparing for the Future Group Reorganization Program. 15 1. The Sales Organization of the Future Initiative. 15 2. Background Behind the Preparing for the Future Program. 17 3. The Announcement of the Preparing for the Future Program. 21 4. Program Information Provided After the Program Announcement.. 23 5. The Release. 25 Case 2:01-cv-06764-MAK Document 192 Filed 02/27/14 Page 2 of 156 6. The OWBPA Disclosure. 28 7. State-Specific Issues. 30 a. New Jersey. 30 b. Montana. 31 c. West Virginia.. 31 d. Delaware. 31 8. Alleged Misrepresentations by Allstate about the Program.. 31 a. Confidentiality and Non-Compete Restrictions.. 31 b. Rehire Policy. 32 c. Commission Rates. 34 d. Expected Results for R3001 Agents. 35 e. Allstate’s Level of Control Over Exclusive Agents.. 36 C. The Romero Plaintiffs. 37 1. General Information.. 37 2. Plaintiffs’ Consultations Regarding the Program and Release. -
In the Supreme Court of Texas ______
FILED 21-0463 6/3/2021 11:17 PM tex-54090915 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK NO. ______________ _________________________________________ In the Supreme Court of Texas _________________________________________ IN RE LUCKYGUNNER, LLC, RED STAG FULFILLMENT, LLC, MOLLENHOUR GROSS, LLC, JORDAN MOLLENHOUR, AND DUSTIN GROSS, Relators __________________________________________________________________ Original Proceeding from County Court at Law No. 3 at Galveston County, Texas, Consolidated Cause No. CV-0081158, the Honorable Jack Ewing __________________________________________________________________ PETITION FOR WRIT OF MANDAMUS __________________________________________________________________ A.M. “Andy” Landry III Gray Reed & McGraw LLP State Bar No. 11868750 1300 Post Oak Blvd., Suite 2000 Greg White Houston, Texas 77056 State Bar No. 21329050 (713) 986-7000 (Telephone) Kelly H. Leonard (713) 986-7100 (Fax) State Bar No. 24078703 Email: [email protected] Email: [email protected] Email: [email protected] Andrew A. Lothson (PHV forthcoming) Swanson, Martin & Bell LLP 330 North Wabash, Suite 3300 Chicago, Illinois 60611 (312) 321-9100 (Telephone) (312) 321-0990 (Fax) Email: [email protected] ATTORNEYS FOR RELATORS TEMPORARY RELIEF REQUESTED ORAL ARGUMENT REQUESTED IDENTITIES OF PARTIES AND COUNSEL Relators LuckyGunner, LLC, Red Stag Fulfillment, LLC, Mollenhour Gross LLC, Jordan Mollenhour, Dustin Gross (collectively, the “Defendants”) Trial Counsel Gray Reed & McGraw LLP A.M. “Andy” Landry III Kelly Leonard 1300 Post Oak Blvd., Suite 2000 Houston, Texas 77056 (713) 986-7000 (Telephone) (713) 986-7100 (Fax) Email: [email protected] Email: [email protected] Swanson, Martin & Bell LLP Andrew A. Lothson (PHV) 330 North Wabash, Suite 3300 Chicago, Illinois 60611 (312) 321-9100 (Telephone) (312) 321-0990 (Fax) Email: [email protected] Douglas T. Gosda Manning, Gosda & Arredondo, L.L.P. -
Texas Statutes and Codes Pathfinder
THURGOOD MARSHALL SCHOOL OF LAW LIBRARY Pathfinder Series Itunu Sofidiya, Learning Resources Librarian Revised May 2015 Texas Statutes and Codes I. INTRODUCTION Texas is one of the few states that have retained a unified code, which uses a single alphanumeric system of numbering for all statutes. This arrangement proved too difficult to accommodate growth in statutory law. As a result, the Texas Legislative Council began work on a non- substantive revision of the Texas statutes in 1963. This large-scale project continues today. Material is being moved from the Vernon’s Annotated Revised Civil Statutes of the State of Texas and is being incorporated into individual annotated codes arranged by subject (for example, the Family Code). The current Texas Statutes are available on the Texas Legislature's website Texas Legislature Online. While the online version of the statutes contain only the language of the law, the Thurgood Marshall School of Law Library has a complete set of Vernon's Texas Codes Annotated which is available for patrons to use in the library. This set provides helpful annotations to case law and secondary sources relevant to a particular statute. II. LEGISLATIVE PROCESS IN TEXAS The Texas Legislature meets regularly in odd-numbered years for a maximum of 140 days beginning the second Tuesday in January. Along with the 140-day session, the Governor may call special sessions to consider other matters. Both the House and Senate members introduce bills in the first 60 days. After 60 days, there are restrictions on introducing a bill. When a bill is introduced, it is assigned a bill number such as S.B. -
ECHOES of the IMPACT of WEBB V
ECHOES OF THE IMPACT OF WEBB v. McGOWIN ON THE DOCTRINE OF CONSIDERATION UNDER CONTRACT LAW: SOME REFLECTIONS ON THE DECISION ON THE APPROACH OF ITS 75TH ANNIVERSARY Stephen J. Leacock* I. INTRODUCTION "Consideration stands, doctrinally speaking, 1at the very center of the common law's approach to contract law." Of course, as William Butler Yeats wrote, if things should fall apart, then, the center cannot hold. 2 Undoubtedly, the center of the common law's approach to contract law has held.3 Considera- tion has not fallen apart at all. Indeed, it still "rules the roost." It provides the "good reason" that assists the courts in performing * Professor of Law, Barry University School of Law. Barrister (Hons.) 1972, Middle Temple, London; LL.M. 1971, London University, King's College; M.A. (Bus. Law) CNAA 1971, City of London Polytechnic (now London Guildhall University), London; Grad. Cert. Ed. (Distinction) 1971, Garnett College, London; B.A. (Bus. Law) (Hons.) CNAA 1970, City of London Polytechnic (now London Guildhall University), London. The author gratefully acknowledges the assistance of Dean Leticia M. Diaz, Dean of Barry University, Dwayne 0. Andreas School of Law and the assistance of Barry Univer- sity, Dwayne 0. Andreas School of Law in awarding him a summer research assistance grant under the Summer Research Assistance Grant Award Program. The author also gratefully acknowledges the research assistance in the preparation of this article provided by Edward C. Combs, Jr., Jessica L. Savidge and Todd J. Cooper of Barry University, School of Law and research funds provided by Barry University, School of Law that financed that research. -
For Your Consideration: Old Rules, Practical Benefit and a New Approach to Contractual Variation
FOR YOUR CONSIDERATION: OLD RULES, PRACTICAL BENEFIT AND A NEW APPROACH TO CONTRACTUAL VARIATION Mark A. Giancaspro A thesis submitted for the degree of Doctor of Philosophy School of Law The University of Adelaide April 2014 Dedicated to Tony, my late father. I did it Dad. Hope I made you proud. Also dedicated to Leah, my beautiful sister in Heaven, and to my mother Joy who does so much for me. This one’s for you. iii iv TABLE OF CONTENTS Abstract .............................................................................................................................. ix Declaration......................................................................................................................... xi Acknowledgements ......................................................................................................... xiii Introduction ........................................................................................................................ 1 Context ............................................................................................................................. 3 Aim, Scope and Significance of the Thesis ...................................................................... 9 Overview of the Thesis .................................................................................................. 14 Chapter One: Consideration and the Existing Legal Duty Rule ................................. 17 Covenant and Debt ........................................................................................................ -
The Rise and Fall of Freedom of Contract by Patrick Selim Atiyah, Professor of English Law in the University of Oxford Clarendon Press, Oxford 1979 Pp I-Xi, 1-791
Reviews 125 The Rise and Fall of Freedom of Contract by Patrick Selim Atiyah, Professor of English Law in the University of Oxford Clarendon Press, Oxford 1979 pp i-xi, 1-791. Hardback, recommended retail price $97 (ISBN 0 19 825342 7) Readers of Professor Atiyah’s previous works have come to expect a degree of clarity of thought and eloquence of expression rarely matched in writings on the Common Law. His Introduction to the Law of Contract, Sale of Goods and Accidents, Compensation and the Law have been enormously successful in influencing legal opinion. The latter book in particular springs to mind for its combination of breadth of coverage with depth of analysis. To this formidable list can now be added his Rise and Fall of Freedom of Contract, arguably his magnum opus. This book is a study of the history of the idea of freedom of contract from around 1770 to the present day. His examination of the hold of this idea on the law proceeds by an investigation of the parallel history of economics and political and social change. It has been said that Rise and Fall “offers neither new scholarship nor unfamiliar perspectives” on this period of history (Fried 1980: 1859) and it is certainly true that Atiyah, as is common with many legal historians, depends heavily on secondary sources. Yet it is undeniable that this book fills a major gap in our legal history by virtue of its enormous scope and combines in one lucid, albeit long, volume a vast range of material previously only to be found in monographs specializing in discrete disciplines, such as economics.