We consider default rules for instances in which parties to a contract did not allocate the risk of a certain … contingency, and both sides could have helped avoid the occurrence of breach of the contract or lessen the damages from it … the optimal level of precautionary costs and to allocate the steps to be taken to the low cost bearer. -- Contract Law …

If bubbles reflect social outbreaks of poor judgment, then even those who adhere to individualistic notions of contract … declining to enforce bubble contracts is consistent with libertarian and utilitarian approaches to contract. Finally, it … recent housing bubble -- that is grounded in contract theory may be preferable to approaches that are based on the state …

reliance on Article 4 CISG, and (2) the use of dogmatic categories of domestic law such as "contract" and "tort". Both are …

This paper illustrates the regulatory limits of the mandatory rule in contract law by undertaking an economic analysis … forcing the principal to make a mandatory end payment to the agent on termination of the contract. It is suggests that Article …

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 …

Purpose – This paper examines the legal standards for the interpretation of contract terms in the UNIDROIT Principles … literature research and case study under the PICC.Findings – the contract terms shall be interpreted according to the common … intention of the parties. If such an intention cannot be established, the contract shall be interpreted according to the meaning …

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 …

unilateral mistake in English contract law does not serve these economic goals satisfactorily. The existing law and economics … nullify the contract, with little discussion of the function of legal remedy. This paper offers a remedy-based approach and …

, and frequently contract out of the EPC doctrine using Anti-Concurrent Causation Clauses ("ACCs"). These clauses limit the … for freedom of contract on the one hand, and the desire for equity on the other. This Essay presents a 50-state survey on … author believes that freedom of contract should be the predominate principle and ACCs should be enforceable, jurisdictions …

of damages awarded in tort and contract should be distinguished on the basis of the differing financial destinations to …