This paper deals with the risk of opportunism – the usual risk in economic exchanges. The breach of contract is probably the most common event in daily life and has therefore attracted research and debates in many disciplines of the social sciences. Our discussion deals with the current...

This paper will explore the efficacy of contractual exclusions of obligations of care or liability for negligence. It will begin by setting out some fundamental principles of construction of exclusive clauses affecting the tort liability of the parties to the contract. It will then turn to...

Consumer contracts diverge from the traditional paradigm of contract law in various conspicuous ways. They are pre-drafted by one party; they cannot be altered or negotiated; they are executed between unfamiliar contracting parties unequal in their market power and sophistication; they are offered...

The combination of cost-cutting pressures and technology advances are triggering a major transformation of the core practices of business law. Developments in automated contract drafting and management have spurred the entry of low-cost competition, beginning with the production of standardized...

Most contract cases involve disputes about the interpretation of the contracts. There is a voluminous law and economics literature on contract interpretation, but ironically, it does not address whether and how the contract term that is usually of most interest to economists – the contract...

Are corporate charters and bylaws contracts? What is the scope or subject matter of the corporate contract? Is access to litigation part of the bundle of rights that shareholders purchase when they buy shares in a corporation? This book chapter, “Litigation Rights and the Corporate...

The Brussels Ia Regulation leaves businesses no feasible option for a choice of jurisdiction in cross-border B2C contracts. The recent judgment by the European Court of Justice in the Ryanair case confirms that the Court will not tolerate any attempts to circumvent the regulatory aim of...

This paper presents management contracts (contracts under which corporate management is assigned to another company) as relational contracts, i.e. contracts to which relational contracts theory may apply and explain their character and specific features.We present the key concept and benefits...

This paper presents an application of the relational contracts theory and specifically of the theory of norms to a paradigm relation, i.e. a management contract. In this analysis we use MacNeil's norms model and we test in relation to twelve unilateral and bilateral obligations of a standard...

In this study the author examines the two types of procedures of having a contract terminated: by giving notice to the other party or by filing a legal action against the other party and obtaining a judgment by which termination is ordered. Termination of a contract by a judge has deep...