This is the sevevnth post in my series on Larry Di Matteo’s Principles of Contract Law and Theory (Principles). The aim is to call some attention to this book while using it to stimulate my thinking as I once again… Source by ContractsProf Blog Read More
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ERISA Claims: A Chink in the Armor of Class Action Waivers
Bradley Fleming, an employee of the Kellogg Company (Kellogg) and a participant in its defined contribution (401(k)) retirement plan, alleged breach of fiduciary duty sounding in ERISA § 502(a)(2), 29 U.S.C. § 1132(a)(2) against Kellogg and the fiduciaries who ran… Source by ContractsProf Blog Read More
Can Tesla Turbo-Charge Cybertruck Orders with Contractual Threats?
By u/Kruzat , CC BY-SA 4.0 Thanks to Professor Benjamin Davis of the University of Toledo for sharing Tinsae Aregay’s reporting for Torque News on the latest developments in the world of Cybertruck sales. According to the account, as we… Source by ContractsProf Blog Read More
Woman Claims to Have Bought an Unknown Van Gogh for $215 at Auction
This case fits in with our series on the contracts doctrine of mistake, addressed most recently here and here, but it is perhaps still more bizarre. On October 5, 2019, defendant Clearing House Estate Sales (CHES) opened bidding through Auction… Source by ContractsProf Blog Read More
Quiet July
Expect for things to be quieter in July. I have exiled myself from the Blog for one month in order to finally shove a piece of scholarship over the finish line. I hope to be back in August with new-found… Source by ContractsProf Blog Read More
Teaching Assistants: Sabine Tsuruda’s “Basic Interests” Approach to Unconscionability. Doctrine
Martha Ertman (right) provides an excellent review of Sabine Tsuruda’s recently published article, Race, Unconscionability, and Contractual Equality, I won’t try to summarize Professor Ertman’s summary. I just want to make two supplemental comments, one Professor Tsuruda’s take on statutory… Source by ContractsProf Blog Read More
Teaching Assistants: Sabine Tsuruda’s “Basic Interests” Approach to Unconscionability Doctrine
Martha Ertman (right) provides an excellent review of Sabine Tsuruda’s recently published article, Race, Unconscionability, and Contractual Equality, I won’t try to summarize Professor Ertman’s summary. I just want to make two supplemental comments, one on Professor Tsuruda’s take on… Source by ContractsProf Blog Read More
