Showing 1 - 10 of 76,502
In the early models of incomplete contract neither party used to invest in the subject matter of the contract; those … realize subsequent to a binding contract, a systematic analysis has been attempted to see - first, how the legal remedies can … role than that has been realized. Focus remains on the ex-ante design of the contract, which would serve as an implicit …
Persistent link: https://www.econbiz.de/10012723830
Over the years, the enforcement of commercial contracts has taken on increased importance. Today, contract law is a … the ability of contract law to deal with the protection of third parties and the public. This limitation is manifested in … commercial interests and players and the inadequacy of contract law as a means of protecting public and non-economic interests …
Persistent link: https://www.econbiz.de/10012778433
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
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
The law-and-economics movement has made a huge impact on the scholarship of contract law in the US. But compared to … contract law. The study investigates only the law of pre-contractual misrepresentation, a term conventionally used by contract …
Persistent link: https://www.econbiz.de/10012715678
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...
Persistent link: https://www.econbiz.de/10014053730
, 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 …
Persistent link: https://www.econbiz.de/10014057650
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
contract. For this purpose, an in-depth study of different types of risks which generally arisen in large sized construction … construction contract and different parties which are generally involved within a construction contract. In this section, the … the contract. Further, the paper discusses different types of risks availed by different parties so that raw data for …
Persistent link: https://www.econbiz.de/10014037536
A smart contract is software designed to do the job of a legal contract: ensuring the performance of parties who might … not otherwise trust one another to do so. By running a smart contract on blockchain, users can lock themselves into future … economy.Some have argued that smart contracts represent a new type of legal contract, analogizing the software’s code to a …
Persistent link: https://www.econbiz.de/10013298257