Transparency in the Insurance Contract Law in the United States

Author(s):  
Aviva Abramovsky ◽  
Peter Kochenburger
Author(s):  
Michael Lobban

The Anglo-American law of obligations was profoundly reshaped in the two centuries after 1800, driven by social and economic changes, and changes in legal institutions and doctrines. In contract law, nineteenth-century jurists increasingly sought to put the rules of law into a coherent rational framework (inspired by continental models resting on will theory), though they soon found that this theory could not explain many contractual doctrines. In tort law, jurists were also divided over whether unifying principles underlying tort could be uncovered, with formalist efforts to find such principles being challenged by Realists who argued that tort was in effect ‘public law in disguise’. The quest for underlying principles was also pursued by scholars of unjust enrichment, first in the United States and subsequently in England; though as in the other areas of obligations, by the end of the twentieth century, there was no consensus on whether this was possible.


SAIS Review ◽  
1988 ◽  
Vol 8 (2) ◽  
pp. 280-282
Author(s):  
Edwin S. Rockefeller

2019 ◽  
Vol 48 (4) ◽  
pp. 208-232
Author(s):  
Caterina Gardiner

The common law that applies to Internet contract formation could be said to exist in a penumbra—a grey area of partial illumination between darkness and light—where it may be possible to lose sight of established contract law principles. Internet contracts raise difficult issues relating to their formation that challenge traditional contract doctrine. Analysis of case law from the United States, United Kingdom and Ireland illustrates that the courts have not applied contract formation doctrine in a principled or consistent way. There is a tendency for decisions to be reached for policy reasons, for example, to facilitate the development of e-commerce, or to achieve a result that is considered fair, rather than on sound principles of contract law. There may also be some uncertainty arising from the relationship between statutory consumer protection rules and common law contract formation doctrine. The enforceability of Internet contracts in the common law courts remains unpredictable. This article argues that although Internet contracting may raise distinctive contract formation issues, it is possible for the judiciary to invoke the inherent flexibility of the common law, to take into account the specific characteristics of Internet contracts, while still adhering to established contract law doctrine and maintaining a principled approach.


2021 ◽  
Author(s):  
◽  
Luke Richard Nottage

<p>Part One of this thesis develops the "form-substance" analytical framework proposed by Atiyah and Summers to contrast English and US law generally, comparing also New Zealand and especially Japanese law. From this perspective, it argues that both US and Japanese law prefer distinctly more substantive reasoning, whereas both English and New Zealand law maintain a more formal orientation. Part Two focuses on three areas of contract law, and the development of contract law theory, arguing that the framework helps explain differing approaches adopted in these jurisdictions. Closer attention to the "law in action" as well as the "law in books", however, results in refinements to their analytical framework. It also suggests that "neo-proceduralist" models of law generally, and private law in particular, may be becoming increasingly important in both explaining and justifying developments in all four legal systems. Part Three introduces several of these models, which go beyond "form-substance" dichotomies without necessarily being inconsistent with them. This thesis therefore aims to offer new perspectives in three disciplines: comparative legal studies, contract law, and general legal theory.</p>


2019 ◽  
Vol 15 (3) ◽  
pp. 64-70
Author(s):  
Igor A. Arsenyev

Introduction. The article examines the issues of legal personality related to human rights in international and national law and whether these relations are limited by the interaction of the state and the individual.Since 2016 the United States has been investigating alleged Russian meddling in the US election, which, in addition to hacker attacks, might have been carried out through social networks and services owned by the American multinational corporations – Facebook, Youtube, Twitter, etc. Discussions in the Senate shed light on the business activities of the companies themselves which had an opportunity to manipulate and most likely manipulated the public consciousness, which is a violation of the basic human rights to freedom of choice, freedom of the media and others. At the same time this activity occurred with the alleged observance of legislation and contract law.The article discusses various aspects of the activities of Google and Facebook during a number of American electoral campaigns as evidence of corporate human rights violations.Materials and methods. The methodological basis of the study comprises general scientific (analysis, analogy, comparison) and special methods of researching legal phenomena and processes (method of interpretation of legal norms, technical-legal, formal-legal and formal-logical methods).The results of the study. Nowadays Corporations have reached a level of influence comparable to that of the states. But if for economists or political scientists there is no question of including companies in the legal personality structure, lawyers still have doubts. The analysis shows that the traditional approach to human rights as a relationship exclusively between the state and the individual does not fully meet modern realities. The person of legal relations is a participant in interaction regulated by the rules of law. The electoral campaigns in the United States in recent years show that large transnational corporations are able to violate the fundamental rights of the person enshrined in the constitution while observing secondary norms designed to ensure their implementation as well as contract law concerning user agreements.Discussion and conclusions. The necessity of considering human rights in the system of relations “state corporation – physical individual” was substantiated. The conclusion is made that corporations are a threat to the observance of human rights. The topicality of researching the American experience regarding Internet companies influencing the electoral processes in Russia was shown.


2020 ◽  
pp. 1-33
Author(s):  
Mohammed Hassan Al-Kaabi

Abstract The economic goal of the doctrine of efficient breach is to ensure that the rules and remedies of contract law are expected to be value maximising and that contracts are breached only if a breach is value maximising. The theory originated in the United States, and it has not been adopted in Qatar or any civil law countries. This article makes an initial attempt to understand the legal hurdles in civilian traditions that lead to rejection of the theory. Before analysing the hurdles to the theory of efficient breach, a proper appreciation for how and when efficient breach arises is necessary. One might worry about the tendency of efficient breach theory to escape its proper bounds. Therefore, analysis of efficient breach should fully consider all possible consequences and remedies available to the non-breaching party when the contract is breached.


Author(s):  
Amanda Porterfield

The new governments of the United States rested on contract law, and state-chartered corporations protected by contract law, to an unprecedented extent. Established churches lost their legal standing, and symmetry between religion and commerce developed in this legal context. As commercial organizations advanced industry in ways that transformed society, religious organizations operated in the forefront of developments in print media, interregional organization, and idealism about personhood. While some Americans defended slaveholding Christianity as a legitimate version of Pauline community, others called for the emancipation of slaves and for the abolition of contract law that allowed persons to be owned as property.


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