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 …

Civil liability of rating agencies has to strike a balance between over-deterrence and overly lax behavior control. The … or liability caps …

Twenty-five years have passed since courts first adopted market share liability, a theory under which a plaintiff … market share liability to a very small number of products.This Article argues that courts should eliminate the fungibility … requirement by recognizing that market share liability is just one variant of a broader concept that the author calls proportional …

liability rules, namely transaction costs. Property rules should be used when transaction costs are low and the parties can … bargain with one another. Liability rules are best applied when transaction costs are high and bargaining is impossible or … particular, they claim that liability rules may be superior to property rules even when transaction costs are low. The Article …