are employed, jointly or separately, to impose non-consensual liability on a contracting party. The article focuses on … liability imposed on a contracting party either toward another contracting party or toward a third party for failure to perform …-consensual liability on a contracting party or else allowing liability under both headings. These guidelines for the classification of non …

rigid property rules, intellectual property owners will contract into more flexible liability rules. A series of recent …, private copyright deals show some intellectual property owners doing just the opposite: faced with statutory liability rules …-statutory contracting”—either by opting for a stronger, more tailored liability rule, or by contracting into property rule protection …

occurring. We compare alternative regimes with a fault-based guideline suggested in the literature for assigning the liability … ; Breach of Contract ; Unallocated Risk ; Strict Liability Regime ; Fault Regime …