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Exemption clauses and implied obligations in contracts. North Ryde, N.S.W: Law Book Co., 1986.
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Report on the control of exemption clauses (topic 13). [Hong Kong: The Commission, 1986.
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Commission, Great Britain Law, ed. Trustee exemption clauses: A consultation paper. London: TSO, 2003.
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Warner, Victor, and Anderson Mark. Macdonald's Exemption Clauses and Unfair Terms. Bloomsbury Publishing Plc, 2018.
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Gerard, McMeel. Part III Particular Contractual Provisions, 21 Exemption Clauses and Unfair Contract Terms. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0021.
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This chapter focuses on exemption clauses. Particular attention is placed on the detailed rules of construction still applicable to exemption clauses. Moreover, the chapter considers the statutory interventions in this field in the shape of the Unfair Contract Terms Act 1977 and Part 2 of the Consumer Rights Act 2015 (superseding the Unfair Terms in Consumer Contracts Regulations 1999). Since these statutory interventions there has been a marked tendency to construe exemption clauses in commercial agreements in a more realistic way. This is especially prevalent where the parties are of relatively equal bargaining power and where the clause is perceived as giving effect to a sensible allocation of risk.
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Harriet, Schelhaas. Ch.7 Non-performance, s.1: Non-performance in general, Art.7.1.6. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0133.
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This commentary analyses Article 7.1.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning exemption clauses. According to Art 7.1.6, a clause which limits or excludes one party's liability for non-performance, or which permits one party to render performance substantially different from what the other party reasonably expected, may not be invoked if it would be grossly unfair to do so. The possibility of striking down exemption clauses by virtue of Art 7.1.6 is an exceptional control mechanism. Art 7.1.6 acts as a specific safeguard against unfair exemption clauses. The scope of this provision applies not only to exemption clauses in standard terms, but also to individually negotiated exemption clauses. An exemption clause may not be invoked if it would be grossly unfair to do so. This commentary also discusses the legal consequences of an exemption clause being ‘grossly unfair’.
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Gerard, McMeel. Part I The General Part, 6 Standard Form Contracts, Public Policy, and the Realms of Strict Construction and Strict Compliance. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0006.
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This chapter introduces standard form contracts and the issues of construction to which they give rise. Such documents contain all species of contractual terms. However, in standard contractual texts the focus tends to be on exemption clauses, which have generated a great wealth of case law. The concern about standard forms generally and exemption clauses in particular is that they may not reflect a genuine bargain where the terms are drafted or chosen by one of the parties and are proffered on a ‘take-it-or-leave-it’ basis. This is particularly true of business-to-consumer dealings. However that stereotype of standard forms has been resisted where it is clear that both parties are commercial actors of relatively equal bargaining power.
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Naidoo, André. Complete Contract Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198749868.001.0001.
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This book provides choice extracts, supported by clear commentary and useful learning features. The text starts with an introduction to contract law. Part I looks at creating the contract, with coverage of the offer, acceptance, the legal partnership, and consideration and promissory estoppel. Part II is about the content of the contract and performance. It looks at the terms of the contract, exemption clauses, and unfair terms and issues related to breach and termination of the contract. Part III is about enforcement of the contract. It considers compensatory damages following a breach as well as third-party rights and non-compensatory remedies. Part IV explains the facts that end a contract such as misrepresentation, duress, frustration, and mistake.
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Ewan, McKendrick. Ch.6 Performance, s.2: Hardship, Introduction to Section 6.2 of the PICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0123.
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Section 6.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with the concept of hardship. While hardship clauses are encountered with some frequency in international commercial contracts, few legal systems recognize a legal doctrine termed ‘hardship’. The innovative nature of Section 6.2 can be perceived by contrast with Art 79(1) of the United Nations Convention on Contracts for the International Sale of Goods (CISG). A discussion of Art 79 CISG, entitled ‘exemption’, leads on to a consideration of the relationship between force majeure and hardship. Hardship is most likely to be invoked in the context of long-term contracts where it is difficult, if not impossible, for the parties to make provision for every event that may have an impact on their contractual obligations.
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Merkin QC, Robert, and Séverine Saintier. Poole's Casebook on Contract Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198817864.001.0001.
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The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. The book begins with some guidance on reading cases, and then turns to agreement and agreement problems. Next it looks at the enforceability of promises and intention to be legally bound and the capacity to contract. The content of the contract is examined. Exemption clauses and unfair contract terms are analysed in detail. The book also considers issues relating to breach of contract and remedies, and excuses for non-performance. Finally it discusses initial impossibility, misrepresentation, duress, undue influence, and illegality.
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Merkin QC, Robert, and Séverine Saintier. Poole's Casebook on Contract Law. 15th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198869986.001.0001.
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Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. The book begins with some guidance on reading cases, and then turns to agreement and agreement problems. Next it looks at the enforceability of promises and intention to be legally bound and the capacity to contract. The content of the contract is examined. Exemption clauses and unfair contract terms are analysed in detail. The book then considers initial impossibility, misrepresentation, duress, undue influence, and illegality. The book ends by discussing issues relating to breach of contract and remedies, and excuses for non-performance.
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Baskind, Eric. Commercial Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803843.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Commercial Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed, and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction to contracts of the sale of goods, the book covers: statutory implied terms; passing of property and risk; retention of title clauses; exemption and limitation clauses; non-existent and perishing of goods; transfer of ownership by a non-owner; delivery, acceptance, and payment; remedies of the unpaid seller; remedies of the buyer; consumer credit; the creation of agency and the agent’s authority; and the relationships created by agency—the rights and liabilities of the parties.
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Baskind, Eric. Commercial Law Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840619.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Commercial Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed, and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction to contracts for the sale of goods, the book covers: statutory implied terms; passing of property and risk; retention of title clauses; exemption and limitation clauses; non-existent and perishing of goods; transfer of ownership by a non-owner; delivery, acceptance, and payment; remedies of the unpaid seller; remedies of the buyer; consumer credit; the creation of agency and the agent’s authority; and the relationships created by agency—the rights and liabilities of the parties.
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Taylor, Richard, and Damian Taylor. Contract Law Directions. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198797739.001.0001.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its fifth edition, to all aspects of contract law. It is structured in four parts. Part One looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part Two is about contents and borders and looks at positive terms, exemption clauses and misrepresentation. Part Three examines defects in terms of mistake, duress, undue influence and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties
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Beatson FBA, Jack, Andrew Burrows FBA, QC (Hon), and John Cartwright. Anson's Law of Contract. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198829973.001.0001.
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Anson’s Law of Contract offers an accurate and authoritative account of the law and its underlying principles. This 31st edition continues to provide comprehensive and detailed coverage of all topics covered on modern contract law courses, and has been revised and updated to incorporate all notable developments in case law, legislation, and academic debate. Topics covered include, in the first part, the agreement, the formation of the contract, and promissory estoppel. The second part looks at the terms of the contract, exemption clauses, and unfair terms. Next the book looks at incapacity, mistake, misrepresentation and non-disclosure, duress, and illegality. The fourth part considers performance and discharge. The next part looks at damages and specific remedies. The sixth part of the book covers third parties, assignment and agency in terms of the limits of the contractual obligation.
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Taylor, Richard, and Damian Taylor. Contract Law Directions. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198836599.001.0001.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its fifth edition, to all aspects of contract law. It is structured in four parts. Part One looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part Two is about contents and borders and looks at positive terms, exemption clauses, and misrepresentation. Part Three examines defects in terms of mistake, duress, undue influence, and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties.
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Taylor, Richard, and Damian Taylor. Contract Law Directions. 8th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198870593.001.0001.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its eighth edition, to all aspects of contract law. It is structured in four parts. Part 1 looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part 2 is about contents and borders and looks at positive terms, exemption clauses, and misrepresentation. Part 3 examines defects in terms of mistake, duress, undue influence, and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties.
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Devenney, James. Concentrate Questions and Answers Contract Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198817673.001.0001.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. Concentrate Q&A Contract Law provides guidance on answering questions on the law of contract. The book starts with an introduction explaining how to use the book and exploring the skills necessary for success in contract law exams. The book then looks at offer and acceptance, certainty of terms, consideration and intention to create legal relations. After that it examines terms of the contract, exclusion/exemption clauses and unfair terms, misrepresentation, improper pressure, mistake and issues relating to illegality and restraint of trade. The final part of the book looks at frustration, damages, additional remedies, privity of contract and has a short section dealing with mixed questions. The book ends with a chapter containing advice on answering coursework questions.
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Surdam, David George. Should Antitrust Apply to Sports? 1957 and 1958. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252039140.003.0006.
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This chapter focuses on the Congressional hearings conducted in 1957 and 1958 to address whether basketball, football, and hockey should be given a broad antitrust exemption similar to that of baseball. It first considers the introduction of different bills pertaining to professional sports and antitrust following the Supreme Court's ruling in Radovich v. NFL, with particular emphasis on antitrust legislation focusing on the National Football League (NFL), before discussing the farm systems in baseball and hockey pioneered by Branch Rickey of the St. Louis Cardinals. It also looks at the issue of the reserve clause and its effect upon competitive balance and concludes with an assessment of Congress's decision not to grant even partial antitrust exemptions for the reserve clause, draft, territorial rights, and commissioner powers in the NFL, National Basketball Association (NBA), and National Hockey League (NHL).
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Chemerinsky, Erwin, and Howard Gillman. The Religion Clauses. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190699734.001.0001.
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The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution’s Religion Clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the Founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century.
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Merkin QC, Robert, and Séverine Saintier. Poole's Textbook on Contract Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198816980.001.0001.
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Course-focused and comprehensive, the series provides an accessible overview of the key areas on the law curriculum. This book has been guiding students through contract law for many years. It places the law of contract clearly within its wider context, including the growing distinction between commercial and consumer contracting, before proceeding to provide detailed yet accessible treatment of all the key areas encountered when studying contract law. Part 1 considers formation, looking in detail at agreement, certainty and agreement mistakes, the enforceability of promises and the intention to be legally bound. Part 2 looks at content, interpretation, exemption clauses and unfair terms, performance, and breach. Part 3 considers the enforcement of contractual obligations including remedies, detailed treatment of damages for breach of contract, privity and third party rights, and discharge by frustration. Part 4 looks at methods of policing the making of a contract, such as non-agreement mistakes which render the contract void, misrepresentation, duress, undue influence, unconscionable bargains, and illegality. The book also includes references to relevant EU consumer legislation and introduces students to the various attempts (international and European) to produce a harmonized set of contract principles.
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Merkin QC, Robert, and Séverine Saintier. Poole's Textbook on Contract Law. 15th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198869993.001.0001.
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Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. This book has been guiding students through contract law for many years. It places the law of contract clearly within its wider context, including the growing distinction between commercial and consumer contracting, before proceeding to provide detailed yet accessible treatment of all the key areas encountered when studying contract law. Part 1 considers formation, looking in detail at agreement, certainty and agreement mistakes, the enforceability of promises and the intention to be legally bound. Part 2 looks at content, interpretation, exemption clauses and unfair terms, performance, and breach. Part 3 considers the enforcement of contractual obligations including remedies, detailed treatment of damages for breach of contract, privity and third party rights, and discharge by frustration. Part 4 looks at methods of policing the making of a contract, such as non-agreement mistakes which render the contract void, misrepresentation, duress, undue influence, unconscionable bargains, and illegality. The book also includes references to relevant EU consumer legislation and introduces students to the various attempts (international and European) to produce a harmonized set of contract principles.
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Poole, Jill, James Devenney, and Adam Shaw-Mellors. Contract Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803850.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement such as whether the terms are sufficiently certain and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally it outlines contractual remedies for actionable misrepresentations and looks briefly at the equitable doctrine of undue influence, types of undue influence, and instances when the contract can be avoided.
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Poole, Jill, James Devenney, and Adam Shaw-Mellors. Contract Law Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840442.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement, such as whether the terms are sufficiently certain, and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally, it outlines contractual remedies for actionable misrepresentations and looks briefly at the equitable doctrine of undue influence, types of undue influence, and instances when the contract can be avoided.
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Poole, Jill, James Devenney, and Adam Shaw-Mellors. Contract Law Concentrate. 5th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897336.001.0001.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration, and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement, such as whether the terms are sufficiently certain, and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally, it outlines contractual remedies for actionable misrepresentations and looks briefly at the common law doctrine of duress and the equitable doctrine of undue influence.
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Corbin, Caroline. Secularism and US Religion Jurisprudence. Edited by Phil Zuckerman and John R. Shook. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199988457.013.29.
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Religious surveys are finding greater percentages of Americans who self-identify as secular. At the same time, religious exemptions under the Free Exercise Clause have become more difficult to obtain. However, religion jurisprudence in the United States has not become more secular for two reasons. First, this greater unwillingness to grant constitutional exemptions reflects a shift in constitutional jurisprudence from “separationism” to “neutrality.” Rather than building a wall between church and state, the Establishment Clause is now interpreted to impose fewer restraints on state-sponsored religion. Second, statutes like the federal Religious Freedom Restoration Act and its state counterparts have not only reestablished separationist era levels of protection for religious liberty but increased them. The result is a religion jurisprudence where religion is accommodated more than ever, while the state has more leeway to advance religion. This combination has unfortunate consequences for both secular people and core secular values, such as antidiscrimination.
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Watt, Gary. Equity & Trusts Law Directions. 7th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198869382.001.0001.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This book explains the key topics covered on equity and trusts courses. The content of the text is designed to emphasise the relationship between equity, trusts, property, contract and restitution to enable students to map out conceptual connections between related legal ideas. There is also a focus on modern cases in the commercial sphere to reflect the constantly changing and socially significant role of trusts and equity. The book starts by introducing equity and trusts. It then includes a chapter on understanding trusts, and moves on to consider capacity and formality requirements, certainty requirements and the constitution of trusts. Various types of trusts are then examined such as purpose, charitable, and variation trusts. The book then describes issues related to trusteeship. Breach of trust is explained, as is informal trusts of land. There is a chapter on tracing, and then the book concludes by looking at equitable liability of strangers to trust and equitable doctrines and remedies. This new edition includes coverage of significant recent cases, including the Supreme Court decision on interest to be paid by tax authorities on monies owed; the Supreme Court decision on the test of dishonesty applicable to civil matters; the Privy Council decision on the division of investment property acquired by cohabitants; the Court of Appeal decisions on Quistclose trusts; fiduciary duties in arms-length contracts; transactions prejudicing creditors; beneficiary anonymity in variation of trust cases; exemption clauses; discretion exercised beyond trustee’s authority; implications of GDPR for trustee disclosures; trustee personal liability; causation and equitable compensation; statutory relief for a professional trustee’s breach of trust; use of proprietary estoppel to reward work undertaken in farming families; costs of seeking court’s directions; injunctions ordered against persons unknown; equitable jurisdiction to rectify agreements.
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Harriet, Schelhaas. Ch.7 Non-performance, s.1: Non-performance in general, Introduction to Section 7.1 of the PICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0127.
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Section 7.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with the concept of non-performance. It first presents a definition of non-performance before discussing the three main remedies: the right to performance, the right to terminate the contract, and the right to damages. It then outlines the conditions under which the parties can react to non-performance before any of the main remedies are invoked. First, the aggrieved party (the obligee) may withhold performance temporarily and it may fix an additional period of time for performance. Second, the non-performing party (the obligor) may have a right to cure non-performance and it may object to its liability for non-performance because of an exemption clause, interference of the obligee, or force majeure. This introduction to Section 7.1 discusses the relationship between the different remedies, with particular emphasis on the choice of remedy, accumulation of remedies, and non-performance and mistake. It also considers the general limitations to remedies for non-performance.
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Grow, Nathaniel. Epilogue. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038198.003.0011.
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This epilogue explores issues arising from Justice Oliver Wendell Holmes Jr.'s opinion in Federal Baseball Club of Baltimore, Inc. v. National League. It begins with a discussion of criticisms against the decision, including the notion that Holmes simply does not consider the business of professional baseball to be sufficiently interstate in nature to fall within the ambit of the Sherman Antitrust Act. It then offers arguments supporting Holmes, first by insisting that at the time he wrote the opinion it actually “represented a fairly orthodox application of then prevalent constitutional doctrine.” This is followed by an analysis of several mistakes made by the Baltimore Federals's legal counsel in the suit. The epilogue also looks at two other cases in which the Court has affirmed Federal Baseball: Toolson v. New York Yankees in 1953 and Flood v. Kuhn in 1972. Finally, it comments on recent attempts to limit the scope of baseball's antitrust exemption to just the reserve clause, contending that they are contrary to the actual history of the Federal Baseball case.