Barrett, The Honors College Thesis/Creative Project Collection
Barrett, The Honors College at Arizona State University proudly showcases the work of undergraduate honors students by sharing this collection exclusively with the ASU community.
Barrett accepts high performing, academically engaged undergraduate students and works with them in collaboration with all of the other academic units at Arizona State University. All Barrett students complete a thesis or creative project which is an opportunity to explore an intellectual interest and produce an original piece of scholarly research. The thesis or creative project is supervised and defended in front of a faculty committee. Students are able to engage with professors who are nationally recognized in their fields and committed to working with honors students. Completing a Barrett thesis or creative project is an opportunity for undergraduate honors students to contribute to the ASU academic community in a meaningful way.
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- Creators: Sandra Day O'Connor College of Law
Description
For decades, firms and individuals have utilized written documents to aid in the negotiation of, and completion of, business transactions. One such document is known as a "letter of intent." A letter of intent is often in the form of a letter that serves to evidence preliminary discussions and aid in negotiations between parties. They are generally intended to be "non-binding," meaning neither party will be bound by terms or conditions set forth in the letter of intent unless formal documents are later prepared and executed by the parties. Letters of intent take myriad forms and names, such as "memorandum of understanding," "proposal letter," and "letter of interest." They have been used in many areas of business, including finance, real estate, and supply chain management. Parties often choose to use a letter of intent for varied benefits it may provide, memorializing preliminary discussions, establishing a timeline for negotiations, seeing whether there are any "deal breakers" among terms being proposed, confirming that a party is serious about a deal, or putting moral pressure on the other party to continue negotiations. However, letters of intent carry with them a significant level of risk, which raises the question of whether or not they should be used at all. Many of the risks associated with the use of a letter of intent stems from the potential for a court to find that a letter of intent constitutes a binding agreement, or creates a duty of the parties to continue negotiations in good faith. Parties to a letter of intent may later disagree as to whether they intended all of the terms, or a particular provision, to be legally binding and enforceable, resulting in legal action. Even if a court finds that a letter of intent does not constitute a binding contract, a party may be able to recover damages under a number of legal theories, such as breach of a duty to negotiate in good faith or promissory estoppel. The use of letters of intent is therefore risky, and ultimately, the risks may outweigh the benefits of utilizing letters of intent. This thesis studies the types, uses, benefits, and risks associated with the use of letters of intent, including an examination of statutes and cases that have been applied by courts in disputes surrounding their use. Ways to mitigate the risks of use are also examined including simple practices such as not signing a letter of intent and using a separate document for any terms which must be binding, such as a "no shop" clause. A proposed legislative solution is also discussed that would prevent letters of intent not explicitly intended to be binding and meeting statutory requirements from being enforced in court, thereby substantially reducing the risks associated with the use of letters of intent.
ContributorsGilman, Alexander James (Author) / Birnbaum, Gary (Thesis director) / Stein, Luke (Committee member) / Claus, Scot (Committee member) / Department of Finance (Contributor) / W. P. Carey School of Business (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Department of Supply Chain Management (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
Description
My thesis examines the burden of proof in eminent domain valuation proceedings in the state of Arizona. The thesis begins by going back and looking at the history of eminent domain in the United States. This includes identifying the authorities with the power to condemn land and the examining constitutional amendment requiring the condemnor to pay the fair market value for the land it takes. From there, I look at the process of property value litigation and the potential combination of burden of proof on both the value of the land taken and severance damages. This is followed by an analysis of the current law in Arizona, and a comparison to the laws in the other 49 states to highlight trends throughout the nation. The thesis highlights the counterintuitive nature of the landowner bearing the burden of proving fair market value in Arizona while also pointing out that the majority of other states in the nation have similar laws. This law continues to exist despite a lack of historical precedent or justification, not only in Arizona, but also throughout the country. The thesis references different states' case law throughout and gives opinions of experts in this area of study. The final section examines the practical implications of the law as it exists in Arizona today. The law may continue to exist unopposed despite its counterintuitive nature, because it gives the defendant landowner's counsel the right to speak first and last in a trial and present their evidence first. This has the potential to offer an advantage large enough to justify an unwanted burden.
ContributorsRubinov, Daniel (Author) / Birnbaum, Gary (Thesis director) / Braselton, James (Committee member) / School of Accountancy (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Department of Finance (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05