KProfsBlog
@kprofsblog.bsky.social
The ContractsProf Blog is unofficially the official blog of the AALS Section on Contracts, curated by Jeremy Telman, OCU School of Law. Special attention to arbitration, contacts & constitutional law, and international law whenever possible
Hey Bluesky friends! I too am mad at the Neville Chamberlains on the Democratic side of the Senate. But please don’t lose sight of the fact that, forced to choose between health care and food, they chose food. The GOP still chooses neither.
November 10, 2025 at 3:46 PM
Hey Bluesky friends! I too am mad at the Neville Chamberlains on the Democratic side of the Senate. But please don’t lose sight of the fact that, forced to choose between health care and food, they chose food. The GOP still chooses neither.
I started teaching this case because I thought the question of acceptance by emoji would amuse my students. But it’s quite a lovely review of the objective theory of formation, as well as the Statute of Fraud’s writing requirement.
www.contractsprofblog.com/2025/11/an-a...
www.contractsprofblog.com/2025/11/an-a...
An Appreciation of Southwest Terminals v. Achter Land & Cattle
We have posted a Limerick about this case before, and we summarized it here. We also noted some scholarship on the case. The case was celebrated when it
www.contractsprofblog.com
November 10, 2025 at 12:31 PM
I started teaching this case because I thought the question of acceptance by emoji would amuse my students. But it’s quite a lovely review of the objective theory of formation, as well as the Statute of Fraud’s writing requirement.
www.contractsprofblog.com/2025/11/an-a...
www.contractsprofblog.com/2025/11/an-a...
Today on the blog: another story of AI-assisted research becoming AI-assisted Rule 11 sanctions. This time, it happened in Oklahoma.
www.contractsprofblog.com/2025/11/ai-l...
www.contractsprofblog.com/2025/11/ai-l...
November 7, 2025 at 12:10 PM
Today on the blog: another story of AI-assisted research becoming AI-assisted Rule 11 sanctions. This time, it happened in Oklahoma.
www.contractsprofblog.com/2025/11/ai-l...
www.contractsprofblog.com/2025/11/ai-l...
When is a mall “open?” American Dream Mall tried to argue that it was not open until it reached 100% occupancy, but the court didn’t buy it. Plus, if a mall is open, can it be open on Sundays in violation of blue laws?
www.contractsprofblog.com/2025/11/when...
www.contractsprofblog.com/2025/11/when...
November 6, 2025 at 11:16 PM
When is a mall “open?” American Dream Mall tried to argue that it was not open until it reached 100% occupancy, but the court didn’t buy it. Plus, if a mall is open, can it be open on Sundays in violation of blue laws?
www.contractsprofblog.com/2025/11/when...
www.contractsprofblog.com/2025/11/when...
The UCC’s Battle of the Forms is messy. Life is messier. The UCC assumes we can figure out which form is the offer and which is the acceptance, but it’s not always so easy, as the Sixth Circuit finds.
www.contractsprofblog.com/2025/11/the-...
www.contractsprofblog.com/2025/11/the-...
The Sixth Circuit Decides a Classic Battle of the Forms
In 2021, BorgWarner PDS Irapuato (BorgWarner), an automotive supplier based in Mexico, sought an agreement to buy bonded pistons from Parker Hannifin
www.contractsprofblog.com
November 5, 2025 at 12:49 PM
The UCC’s Battle of the Forms is messy. Life is messier. The UCC assumes we can figure out which form is the offer and which is the acceptance, but it’s not always so easy, as the Sixth Circuit finds.
www.contractsprofblog.com/2025/11/the-...
www.contractsprofblog.com/2025/11/the-...
New Top Tens are out. Robert Stevens leads the way asking, Should Crypto Be Property?
www.contractsprofblog.com/2025/11/tues...
www.contractsprofblog.com/2025/11/tues...
Tuesday Top Ten – Contracts & Commercial Law Top SSRN Downloads for November 4, 2025
Checking the charts as November starts!
www.contractsprofblog.com
November 5, 2025 at 12:45 PM
New Top Tens are out. Robert Stevens leads the way asking, Should Crypto Be Property?
www.contractsprofblog.com/2025/11/tues...
www.contractsprofblog.com/2025/11/tues...
Short post today as a public service: If you are going to seek to compel arbitration with a party that never signed an arbitration agreement, best not to wait until two years into the litigation to do so.
www.contractsprofblog.com/2025/11/no-c...
www.contractsprofblog.com/2025/11/no-c...
November 4, 2025 at 12:45 PM
Short post today as a public service: If you are going to seek to compel arbitration with a party that never signed an arbitration agreement, best not to wait until two years into the litigation to do so.
www.contractsprofblog.com/2025/11/no-c...
www.contractsprofblog.com/2025/11/no-c...
Went to see “Deliver Me From Nowhere.” Good movie. Show time was 3:30. When we arrived, the ticket said 3:50. Movie started at 4:20. The five us in the theater really enjoyed the forced exposure to VERY LOUD ads and previews of movies we will never see. Done with AMC.
November 3, 2025 at 5:44 PM
Went to see “Deliver Me From Nowhere.” Good movie. Show time was 3:30. When we arrived, the ticket said 3:50. Movie started at 4:20. The five us in the theater really enjoyed the forced exposure to VERY LOUD ads and previews of movies we will never see. Done with AMC.
A boy loses consciousness and dies on a flight, despite efforts of staff and fellow passengers to revive him. Should the airline face liability under the Montreal Convention? It depends on what counts as an “accident.”
www.contractsprofblog.com/2025/11/is-t...
www.contractsprofblog.com/2025/11/is-t...
Is the Death of a Boy on a Plane an “Accident” under the Montreal Convention?
Shortly after take-off on a flight from Honduras on June 4, 2022, a fourteen-year-old boy, traveling with relatives had trouble breathing. His inhaler did
www.contractsprofblog.com
November 3, 2025 at 12:44 PM
A boy loses consciousness and dies on a flight, despite efforts of staff and fellow passengers to revive him. Should the airline face liability under the Montreal Convention? It depends on what counts as an “accident.”
www.contractsprofblog.com/2025/11/is-t...
www.contractsprofblog.com/2025/11/is-t...
When the court learned that a party had forged a letter from a doctor and lied about needing brain surgery, the court allowed his lawyer to withdraw, struck his pleadings, and entered default judgment. Too far?
www.contractsprofblog.com/2025/10/frid...
www.contractsprofblog.com/2025/10/frid...
October 31, 2025 at 12:48 PM
When the court learned that a party had forged a letter from a doctor and lied about needing brain surgery, the court allowed his lawyer to withdraw, struck his pleadings, and entered default judgment. Too far?
www.contractsprofblog.com/2025/10/frid...
www.contractsprofblog.com/2025/10/frid...
In April, a District Court denied Amazon’s motion to dismiss some claims arising from its “advanced return policy.” Last week, it settled with plaintiffs. This is the second settlement into which Amazon has entered in the last two months.
www.contractsprofblog.com/2025/10/amaz...
www.contractsprofblog.com/2025/10/amaz...
Amazon Settles Class Action on Returns
Sometimes it’s good to be six months behind the curve in blogging. You can blog and update your post in one go. Back in April, a U.S. District Court in
www.contractsprofblog.com
October 30, 2025 at 12:48 PM
In April, a District Court denied Amazon’s motion to dismiss some claims arising from its “advanced return policy.” Last week, it settled with plaintiffs. This is the second settlement into which Amazon has entered in the last two months.
www.contractsprofblog.com/2025/10/amaz...
www.contractsprofblog.com/2025/10/amaz...
ICYMI, the TaxProf Blog is back via the AALS.
www.contractsprofblog.com/2025/10/the-...
www.contractsprofblog.com/2025/10/the-...
The TaxProf Blog Has Arisen
In keeping with Blog Emperor Emeritus Paul Caron’’s faith, it would have been nice if the TaxProf Blog had risen from the dead after just three days.
www.contractsprofblog.com
October 29, 2025 at 11:39 AM
ICYMI, the TaxProf Blog is back via the AALS.
www.contractsprofblog.com/2025/10/the-...
www.contractsprofblog.com/2025/10/the-...
As Mark Burge put it, no tricks, just treats on this week’s Top Tens. I will note, however, that the list seems to be haunted by the ghost of AI and Crypto. This has been going on for some time. We may need an exorcism.
www.contractsprofblog.com/2025/10/tues...
www.contractsprofblog.com/2025/10/tues...
Tuesday Top Ten – Contracts & Commercial Law Top SSRN Downloads for October 28, 2025
No tricks, just treats on these recent scholarship lists!
www.contractsprofblog.com
October 29, 2025 at 11:04 AM
As Mark Burge put it, no tricks, just treats on this week’s Top Tens. I will note, however, that the list seems to be haunted by the ghost of AI and Crypto. This has been going on for some time. We may need an exorcism.
www.contractsprofblog.com/2025/10/tues...
www.contractsprofblog.com/2025/10/tues...
A Florida appellate court provides us with a nice reminder that restitution damages, like contracts damages, must be measurable and quantifiable in a case about a boxing promoter jilted by a rising star.
www.contractsprofblog.com/2025/10/flor...
www.contractsprofblog.com/2025/10/flor...
Florida Appellate Court Trims All Star Boxing’s Restitution Recovery
Saul “Canelo” Alvarez (below) has had a storied twenty-year boxing career, starting when he was only fifteen, and winning 68 matches while losing only
www.contractsprofblog.com
October 28, 2025 at 11:56 AM
A Florida appellate court provides us with a nice reminder that restitution damages, like contracts damages, must be measurable and quantifiable in a case about a boxing promoter jilted by a rising star.
www.contractsprofblog.com/2025/10/flor...
www.contractsprofblog.com/2025/10/flor...
Today, we look around and see what contracts stuff is up on the web. We find Eboni Nelson’s review of Rachel Ngo Ntomp’s work on small businesses and the latest Substack from @hoffprof.bsky.social.
www.contractsprofblog.com/2025/10/on-t...
www.contractsprofblog.com/2025/10/on-t...
October 27, 2025 at 11:18 AM
Today, we look around and see what contracts stuff is up on the web. We find Eboni Nelson’s review of Rachel Ngo Ntomp’s work on small businesses and the latest Substack from @hoffprof.bsky.social.
www.contractsprofblog.com/2025/10/on-t...
www.contractsprofblog.com/2025/10/on-t...
Apparently, Canada is taking down the ad to appease someone who was offended by it. But it’s perfect, so I’m keeping it up.
Ontario launches the perfect ad. Canadians are true brothers 💙🇨🇦
October 24, 2025 at 7:40 PM
Apparently, Canada is taking down the ad to appease someone who was offended by it. But it’s perfect, so I’m keeping it up.
You may be mad at the royal family for giving Prince Andrew a 30-room mansion for a peppercorn, but you have no idea how hard it is to maintain a villa and its 98-acre grounds, you monster!
www.contractsprofblog.com/2025/10/frid...
www.contractsprofblog.com/2025/10/frid...
Friday Frivolity: A Mansion for a Peppercorn?!? Oh, Those Royals!
Caroline Davies, who apparently drew the short straw and was rewarded with the Prince Andrew beat, reports in The Guardian that the Crown conveyed to the
www.contractsprofblog.com
October 24, 2025 at 11:39 AM
You may be mad at the royal family for giving Prince Andrew a 30-room mansion for a peppercorn, but you have no idea how hard it is to maintain a villa and its 98-acre grounds, you monster!
www.contractsprofblog.com/2025/10/frid...
www.contractsprofblog.com/2025/10/frid...
Case about a relational contract involving whey is a treasure trove of doctrine on requirements contracts, extrinsic evidence, and the Statute of Frauds. www.contractsprofblog.com/2025/10/conn...
October 23, 2025 at 2:42 PM
Case about a relational contract involving whey is a treasure trove of doctrine on requirements contracts, extrinsic evidence, and the Statute of Frauds. www.contractsprofblog.com/2025/10/conn...
The Supreme Court of Colorado rejected an insurer’s argument that the economic loss doctrine does not apply where there is willful and wanton conduct in connection with a breach of contract.
www.contractsprofblog.com/2025/10/no-e...
www.contractsprofblog.com/2025/10/no-e...
No Exception to the Economic Loss Doctrine for Willful and Wanton Conduct
At least, not in Colorado
www.contractsprofblog.com
October 22, 2025 at 11:29 AM
The Supreme Court of Colorado rejected an insurer’s argument that the economic loss doctrine does not apply where there is willful and wanton conduct in connection with a breach of contract.
www.contractsprofblog.com/2025/10/no-e...
www.contractsprofblog.com/2025/10/no-e...
New Top Tens are out. Crypto’s on top on one list followed by a paper about AI in the US. AI regulation in Europe is on top in the other list. I’m beginning to think the list is AI-generated and that AI is narcissistic.
www.contractsprofblog.com/2025/10/tues...
www.contractsprofblog.com/2025/10/tues...
Tuesday Top Ten – Contracts & Commercial Law Top SSRN Downloads for October 21, 2025
What is up-and-coming in our favorite doctrinal fields this week?
www.contractsprofblog.com
October 22, 2025 at 10:42 AM
New Top Tens are out. Crypto’s on top on one list followed by a paper about AI in the US. AI regulation in Europe is on top in the other list. I’m beginning to think the list is AI-generated and that AI is narcissistic.
www.contractsprofblog.com/2025/10/tues...
www.contractsprofblog.com/2025/10/tues...
What if a website that you have never visited claims that you agreed to its terms and conditions, which included mandatory arbitration? One District Court denied a motion to compel, finding that the existence of an arbitration agreement was “in play."
www.contractsprofblog.com/2025/10/a-de...
www.contractsprofblog.com/2025/10/a-de...
A Defense to Arbitration I Haven’t Seen Before
I’m surprised this doesn’t happen more often. William Steven Gilliam brought claims against Prince Health Group, LLC (Prince Health) on behalf of a
www.contractsprofblog.com
October 21, 2025 at 11:21 AM
What if a website that you have never visited claims that you agreed to its terms and conditions, which included mandatory arbitration? One District Court denied a motion to compel, finding that the existence of an arbitration agreement was “in play."
www.contractsprofblog.com/2025/10/a-de...
www.contractsprofblog.com/2025/10/a-de...
Today’s post covers a recent episode of @kimkrawiec.bsky.social's Taboo Trades podcast, which features @profblanchard.bsky.social discussing her work on potentially coercive Incarceration Alternative Contracts.
www.contractsprofblog.com/2025/10/tabo...
www.contractsprofblog.com/2025/10/tabo...
October 20, 2025 at 11:26 AM
Today’s post covers a recent episode of @kimkrawiec.bsky.social's Taboo Trades podcast, which features @profblanchard.bsky.social discussing her work on potentially coercive Incarceration Alternative Contracts.
www.contractsprofblog.com/2025/10/tabo...
www.contractsprofblog.com/2025/10/tabo...
A silver lining for those in the legal academy . . .
October 18, 2025 at 11:24 PM
A silver lining for those in the legal academy . . .
