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Relative Consent and Contract Law
Kim, Nancy S. - 2018
What does it mean to consent? Consent is an essential component of contracts, yet its part in contract law is obscure … doctrines such as assent or duress. This Article addresses this significant omission in contract law by disassembling the … contract law …
Persistent link: https://www.econbiz.de/10012926800
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Substituted Performance in Contract Law : An Analysis
Srinivasan, Badrinath - 2018
contract drafters on how to modify their existing risk and cost contracting clauses and to courts on how best to construe …
Persistent link: https://www.econbiz.de/10014110372
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Law Applicable to Insurance Contracts in the Light of the Rome I Regulation
Pilich, Mateusz J. - 2017
The main objective of the paper is to discuss the EU private international law of the insurance contracts after the entry into force of the Rome I Regulation. Its system of connecting factors is commonly criticised due to its complex and casuistic character. The author believes that the current...
Persistent link: https://www.econbiz.de/10014179594
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Public Interest Damages
Janeček, Václav - 2020
This article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to...
Persistent link: https://www.econbiz.de/10012843998
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Thorner v Major (2009) : Proprietary Estoppel and Inheritance
Mee, John - 2020
This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375
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Civil Procedure by Contract : A Convoluted Confluence of Private Contract and Public Procedure in Need of Congressional Control
Taylor, David H. - 2016
judiciary embraces PLAs has afforded them a status of “super contract,” a status that transcends traditional rules of contract …
Persistent link: https://www.econbiz.de/10012980976
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Duress in Contracts : An Economic Analysis
Cserne, Péter - 2011
This paper is forthcoming as a chapter in Contract Law and Economics, ed. Gerrit de Geest (Cheltenham: Elgar 2009 …
Persistent link: https://www.econbiz.de/10014201611
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Misrepresentation in English Contract Law from an Economic Perspective
Zhou, Qi - 2010
The law-and-economics movement has made a huge impact on the scholarship of contract law in the US. But compared to … contract law. The study investigates only the law of pre-contractual misrepresentation, a term conventionally used by contract …
Persistent link: https://www.econbiz.de/10012715678
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Automation in Contract Interpretation
Catterwell, Ryan - 2020
This paper investigates whether the process of contract interpretation (also described as contract construction) can be … automated. It approaches the task in two stages. The first part explains contract interpretation as a cognitive process. It …
Persistent link: https://www.econbiz.de/10012840925
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Enforcing the Contract at All (Social) Costs : The Boundary Between Private Contract Law and the Public Interest
Zalesne, Deborah - 2007
Over the years, the enforcement of commercial contracts has taken on increased importance. Today, contract law is a … the ability of contract law to deal with the protection of third parties and the public. This limitation is manifested in … commercial interests and players and the inadequacy of contract law as a means of protecting public and non-economic interests …
Persistent link: https://www.econbiz.de/10012778433