Suchergebnisse

Simple donative promises, form, reliance, and past benefit conferred -- The bargain principle and its limits -- The limits of contract -- An introduction to contract damages -- The expectation measure -- Specific performance -- The reliance and restitution measures -- An introduction to interpretation -- The mechanics of a bargain (I) : offer and revocation -- The mechanics of a bargain (II) : transacting at a distance -- The mechanics of a bargain (III) : tacit acceptance -- Implied contract and related non-contractual claims -- Indefiniteness, preliminary negotiations, and the duty to bargin in good faith -- The parol evidence rule : textualism v. contextualism -- Contract formation in a form-contract setting -- Interpretation and unconscionability in a form-contract setting -- Mistake -- The effect of unexpected circumstances -- The obligation to perform in good faith -- The doctrine of substantial performance -- Express conditions -- The powers to withhold performance and to terminate a contract in response to breach -- Repudiation and insecurity

This Comment argues that the donative intent analysis shields government proprietary transactions from proper review by seeking only prima facie evidence of consideration.This Comment is divided into four parts. First, it traces the historical emergence of the current standard of constitutional analysis under Article VIII, sections 5 and 7. Second, the Comment discusses the court's constitutional analysis and its relation to the historical intent of the framers, and proposes a new standard of review. Third, the proposed and current standards are applied to two instances of modern public financial assistance to private enterprise: legislative financing of a thoroughbred racetrack, and a state agency's subsidy of intrastate freight rail. Finally, this Comment concludes that the proposed standard should be adopted.