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unilateral mistake in English contract law does not serve these economic goals satisfactorily. The existing law and economics … nullify the contract, with little discussion of the function of legal remedy. This paper offers a remedy-based approach and …
Persistent link: https://www.econbiz.de/10012772059
Persistent link: https://www.econbiz.de/10012882153
Contract law affects behavior not just directly, by ordering damages, but also indirectly, by providing information on … business with the disputants going forward. Contract law thus affects behavior by shaping reputations and facilitating market … discipline. This Article examines contract law’s liability standards, defenses, and remedies doctrines from an information …
Persistent link: https://www.econbiz.de/10014345304
contracts will include: 1) the relative information available to the parties at the time the contract is negotiate, and, 2) the … identify of the parties to the contract ? whether they are sufficiently representative to lower the likelihood of inefficient … externalization under the contract. Moreover, unlike private contracts, a party to the contract ? the regulator (generically) ? also …
Persistent link: https://www.econbiz.de/10014168638
foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints … unconscionability, the Article further argues that recent theoretical debates about the relationship between contract law and morality … have been largely misconceived. Those debates have focused on whether contract law and morality impose parallel obligations …
Persistent link: https://www.econbiz.de/10014133277
contract thinking. And we contextualized our cases, reflecting a law in action perspective. We identify five themes as …
Persistent link: https://www.econbiz.de/10014134703
standards are amongst some of the challenges which the Private Law of Contract is confronted with.This paper aims to highlight …
Persistent link: https://www.econbiz.de/10013122399
offer us into contract law. I argue that despite some serious limitations of this approach, contract lawyers can benefit … from the economic analysis of contract law. At least, we can benefit in three ways. Firstly, economic analysis can be a … law. Thirdly, it can broaden our understanding of business behaviour so that we can make contract law meet legitimate …
Persistent link: https://www.econbiz.de/10013069596
This paper illustrates the regulatory limits of the mandatory rule in contract law by undertaking an economic analysis … forcing the principal to make a mandatory end payment to the agent on termination of the contract. It is suggests that Article …
Persistent link: https://www.econbiz.de/10013065122
The Biblical Natural Law of the Founding Fathers provides a better basis for contract law than the Law and Economic … Theory. The Law and Economics Theory distorts the roles of judges and goes against the proper rooting of contract in the …
Persistent link: https://www.econbiz.de/10013224574