Are corporate charters and bylaws contracts? What is the scope or subject matter of the corporate contract? Is access to litigation part of the bundle of rights that shareholders purchase when they buy shares in a corporation? This book chapter, “Litigation Rights and the Corporate...

This paper concerns companies that sell commodities and are in their initial stages of formation and growth. Such companies will often face severe difficulties due to the banking system's unwillingness to finance their activities before they are able to develop sufficient credit histories. When...

Consumer contracts diverge from the traditional paradigm of contract law in various conspicuous ways. They are pre-drafted by one party; they cannot be altered or negotiated; they are executed between unfamiliar contracting parties unequal in their market power and sophistication; they are offered...

The combination of cost-cutting pressures and technology advances are triggering a major transformation of the core practices of business law. Developments in automated contract drafting and management have spurred the entry of low-cost competition, beginning with the production of standardized...

Herein I outline an alternative theory of contract and contract enforcement. This theory is based upon two claims, one positive and one normative. The first claim is that incomplete contracting theory fails to explain how economic actors govern production in the new economy. Theories of...

Conflicts between purchaser and contractor are a major problem in infrastructure development. Consequences of conflicts are massive cost overruns and delay. For this reason, the construction sector makes increasing use of project alliancing, one of the modern frameworks of delivery of complex...

The paper examines the architecture of contracting and the instruments to control the exercise and the abuse of private regulatory power along supply chains. The design of the contractual architecture and its implementation may cause significant unfairness in power distribution that can...

In this paper, we report the results of a detailed survey of the standard contracts for 40 major cloud computing services, including Amazon Web Services, Google Cloud, and Microsoft Azure. We cover a broad range of contractual issues, including clauses dealing with choice of law, termination,...

This paper presents a comprehensive literature review of relational contracts theory. The major focus of the paper is on the legal aspect of relational contracts theory and mainly on MacNeil work, especially referring to contractual and relational norms. However, we do not neglect the impact of...