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A recent case before bankruptcy judge Karen B. Owens of the United States Bankruptcy Court for the District of Delaware, In re Dura Auto. Sys., LLC, No. 19-12378 (KBO), 2021 WL 2456944 (Bankr. D ...
He is the author of The New York Civil Appellate Citator [NYSBA, 2 vols, 2019] and Contract Doctrine and Marital Agreements in New York [NYSBA, 2 vols, 4th ed. 2020].
The crux of Angel’s argument is the doctrine of implied revocation. Ordinarily, an offeror may revoke an offer at any time before it is accepted, but the parties in Angel dispute how to properly ...
In this article, Professor Fineman argues that courts' decision in the early 1980s to apply implied contract doctrine to employment relationships did not have the intended results. Employers ...
However, the court found that the plaintiffs failed to prove a direct relationship, which doomed the claims for breach of fiduciary duty, breach of implied contract, and unjust enrichment.
That implied warranty had its beginning in the 1918 U.S. Supreme Court decision in Spearin v. U.S. and is therefore popularly now known as the Spearin Doctrine.
A contract is enforceable by law and a lawful relationship is generated under it. It creates certain rights as well as obligations between parties to the contract. This paper comparatively surveys the ...
In the Medicine decision, however, the South Dakota Supreme Court indicated in a footnote on page 8 that the implied-consent law might be moot: "The remaining validity of SDCL 32-23-10, if any, is ...