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This essay studies the availability of market-based damages for breach of contract as a substitute for standard … for the International Sales of Goods, 1980 (CISG) and the European Principles of Contract Law, 2003 (PECL), as well as on …
Persistent link: https://www.econbiz.de/10014057739
, one of the modern frameworks of delivery of complex projects. Alliancing is applied to encourage the parties to a contract … - particularly contracts - tends to be of a competitive nature. As a result, if a serious conflict arises, and the contract starts …
Persistent link: https://www.econbiz.de/10014055497
In "The Dignity of Commerce", Nathan Oman sets out an ambitious market theory of contract, which he argues is a … superior normative foundation for contract law than either the moralist or economic justifications that currently dominate … contract theory. In doing so, he sets out a robust defense of commerce and the marketplace as contributing to human flourishing …
Persistent link: https://www.econbiz.de/10012932127
. Beyond that, contracting parties can, and often do, “contract around” these legal doctrines by including a ‘Force Majeure … the legal doctrines of Impossibility and Restitution and how they might apply to a contract undermined by the COVID-19 … unexpected cataclysms, not just those expressly listed in the contract …
Persistent link: https://www.econbiz.de/10012827833
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
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
Do you ask for contract or purchase terms prior to completing your everyday purchases? Do you first read the pizza box …
Persistent link: https://www.econbiz.de/10014182259
Contracts serve an important function: allocation of risks. In achieving this function, contractual parties routinely include a force majeure clause in their contracts to be excused from performance in the face of a supervening event. But what events qualify to excuse performance and how have...
Persistent link: https://www.econbiz.de/10013240680
rigid property rules, intellectual property owners will contract into more flexible liability rules. A series of recent …
Persistent link: https://www.econbiz.de/10013249105
Government purchases represent an important part of the world economy. Selling to the public sector is a key business activity for certain industries or service providers. The public procurement segment's attractiveness is also underlined by the security of payment and large extent of supplies....
Persistent link: https://www.econbiz.de/10012206526