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The strict liability rule applies in Chinese Contract Law. This article analyses the features of the Chinese Contract … Law relating to "liabilities under pre-contract" and "pre-contractual liabilities" …
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in piece meal applications) to the study of contract law. As a positive matter, this introduction reveals three … understudied areas: (i) when the equilibrium contract is individually rational but collectively irrational; (ii) the role of courts …, incorporating GET and MD insights into the study of contract law supports broad freedom of contract and formalist interpretative …
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Under common law, the standard remedy for breach of contract is expectation damages. Under continental law, the …
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contract away their right to an injunction when it is efficient for them to do so. The result was to cement for many the … bear in his path-breaking article is extremely important. But it is incomplete. True, parties can contract around … inefficient property rules in IP cases. But as I show in this paper, they can - and do - contract around inefficient liability …
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Sloof et al.'s [2006] elegant study of default breach remedies illustrates both the potential and limitations of experimental law and economics (ELE). Potentially, the rigorous methodology of experimental economics can provide fully controlled tests of relationships among legally significant...
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, eds.), surveys major issues arising in the economic analysis of contract law. It begins with an introductory discussion of … contracts. These areas include freedom of contract (i.e., the scope of private power to create binding obligations), formation … of contracts (both the procedural mechanics of exchange, and rules that govern pre-contractual behavior), contract …
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