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Your search keyword '"privity of contract"' showing total 10 results
Start Over Descriptor "privity of contract" Publisher american bar association
10 results on '"privity of contract"'

1. Sales.

Author

Martin, Jennifer S.

Subjects
SALES, FRAUD, SALES contracts, UNCONSCIONABLE contracts, PRIVITY of contract, BREACH of contract, LEGAL remedies
Abstract

The article provides update on developments on Article 2 of the Uniform Commercial Code (UCC) on sales of goods and contracts for the future sales of goods. Topics discussed are statute of frauds, contract formation, modification and waiver, contract or contract clause that is unconscionable, warranties including privity of contract, title to goods, creditors and good faith, performance and breach of contract, sellers's and buyer's remedies, and statute of limitations for breach of contract.

Published
2022

3. Pass-Through Claims and Liquidating Agreements in Federal Government Contracting: No Privity, No Problem?

Author

Dugdale, Brian R. and Pankowski, Arielle R.

Subjects
PASS through entities, PUBLIC contracts, PRIVITY of contract
Abstract

The article talks about pass-through claims and liquidating agreements relating to federal government construction contracts under the Contract Disputes Act of 1978 (CDA) implemented by the Federal Acquisition Regulations (FAR) dealing with privity issues.

Published
2016

4. "A TALE OF TWO PRIVITIES: CONFLICT AMONG THE CIRCUITS ON THE ROLE OF PRIVITY OF CONTRACT AND PRIVITY OF ESTATE IN THE FDIC'S ASSIGNMENT OF FAILED BANK LEASES".

Author

Green*, Shelby D.

Subjects
*PRIVITY of contract, *REAL property, *LEASE assignment, *RENT
Abstract

Editors' Synopsis: This Article explores whether privity of contract is required for a landlord to have standing to show privity of estate and hold an assignee liable for rent. Central to the discussion are two rulings by the Second Circuit and the Fifth Circuit regarding the failure of Washington Mutual Bank, and the resulting uncertainty concerning the enforceability of the terms of subsequent lease assignments. Although the facts in each case were nearly identical, the circuits' decisions split on the issue of privity of contract. The circuits disagreed as to whether privity of contract is required for a landlord to have standing to show privity of estate and hold an assignee liable for rent. The author explores this divergence and reasons that based upon the principles of property law, it is not necessary to establish privity of contract to show privity of estate. Ultimately, the author concludes that proving privity of estate is a matter of evidence, not a matter of standing. [ABSTRACT FROM AUTHOR]

Published
2014

5. Making Sense of the Economic Loss Rule in Construction Cases: Does the Draft Restatement (Third) of Torts Help? Part One.

Author

Hellegers, Paul M.

Subjects
ECONOMIC loss rule (Torts), CONSTRUCTION industry, PERSONAL injuries (Law), PROPERTY damage, PRIVITY of contract, TORTS, ACTIONS & defenses (Law)
Abstract

The article discusses the confusion associated with the economic loss rule (ELR) in lawsuits related to the construction industry. The ELR states that a party cannot recover standalone economic losses that are not related to personal injury or property damage, as per a legal theory of negligence. It is stated that one confusion is that ELR bars tort recovery of economic losses between parties who are in privity of contract.

Published
2013

6. Keeping Current Property.

Author

Green, Shelby D., Decker, Annie, Fuselier, Bridget, and Wilson, Darryl C.

Subjects
*ARCHITECTS, *PRIVITY of contract, *REASONABLE care (Law), *ACTIONS & defenses (Law), *LANDLORD-tenant relations
Abstract

The article discusses 2014 court cases Beacon Residential Community Association versus Skidmore, Owings and Merrill LLP, Tri-City Association versus Belmont, Inc. and Simmons Self-Storage Partners, LLC versus Rib Roof, Inc. Topics discussed include the architect's duty of care without privity between them and the condominium members, the Right to Repair Act of the California Civil Code, and quieting of title. It also mentions notice-and-cure clauses in landlord-tenant agreements for relief.

Published
2014

7. The Puzzling Persistence of Horizontal Privity.

Author

Lewyn, Michael

Subjects
*PRIVITY of contract, *LANDLORD-tenant relations, *LAND title registration & transfer, *GRANTOR trusts, *COVENANTS (Law)
Abstract

The article discusses the challenges and burdens to assignees of restrictive covenants with a land in horizontal privity. It explains that horizontal privity exists when parties take interests in the same land such as the case of a landlord and tenant or a grantor and grantee. It explores the case law that explains the courts' refusal to overturn a horixontal privity requirement.

Published
2013

8. Patent Litigation After First-Inventor-to-File: How Long Will We Wander in a Wilderness?

Author

Pedersen, Brad D.

Subjects
PATENT suits, PATENT law, PRIVITY of contract, DEFENDANTS, PATENTS, AMERICAN investments, LAW
Abstract

The article discusses the application of patent litigation under the concept of first-inventor-to-file in the U.S. It notes the end of the multiple-defendant litigation trend pursuant to the provisions of the American Investment Act as it allows a patent owner to sue defendants. It points out that review proceeding final rules address privity issue among the consolidated defendants. It contends that changes in the patent system only increase complexity.

Published
2012

9. Delaware Insider: Collateral Estoppel Doesn't Bar Second Derivative Case After First is Dismissed.

Author

Jowers, Jason C.

Subjects
STOCKHOLDERS' derivative actions, LEGAL motions, LEGAL status of stockholders, PRIVITY of contract
Abstract

The article discusses the Delaware Court of Chancery case Louisiana Municipal Police Employees' Retirement System v. Pyott. It mentions the denial of the court on a motion to dismiss a derivative action of shareholder plaintiffs. It notes the court's assertion that the plaintiffs are not in privity with the corporation. It also emphasizes that the dismissal of a first derivative action does not bar a second related action.

Published
2012

10. The "I Am Not Your Lawyer" Case.

Author

Brown, James A. and Menasco, Carey L.

Subjects
*ACTIONS & defenses (Law), *ATTORNEY & client, *PRIVITY of contract, *REASONABLE care (Law)
Abstract

The article offers information on the "I am not your lawyer case." It cites 2010 court cases which reprised "I am not your lawyer" risk factors including the existence of a contractual between the client and putative client and reliance by the putative client. One case is Schneider v. Finmann, in which the court stated the in privity of an estate representative. Another case is Perez v. Stern, the court held that the court owed a decedent's minor children an independent duty of care.

Published
2011

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