Re: Haworth Press Journals

Howard Lurie writes:
>
> The contract question is interesting, and I have wondered about it
> myself. While I would like to think that the answer is clear that
> the contract limitation would be invalid on pre-emption grounds,
> I'm not really sure. I do feel more confident with regard to the
> contract doctrine response, although I could be wrong. I believe
> that the law frowns upon restrictions upon the alienation of
> chattels. For example, suppose that I am Hertz or Avis. I sell
> you one of my older cars, but in the contract of sale I expressly
> forbid you to rent the car to anyone. You agree. But are you
> bound by the contract term? I think not.

The law frown on unreasonable restraints on alienation. I can envisage instances where a court might uphold the Avis provision on the ground that Avis need not provide competitors with cars.

As to fair use I believe that it is preempted and that state contract law can not alter what 107 provides.

  Don Berman --  

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