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This paper investigates whether the process of contract interpretation (also described as contract construction) can be … automated. It approaches the task in two stages. The first part explains contract interpretation as a cognitive process. It …
Persistent link: https://www.econbiz.de/10012840925
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
Freedom of contract is a principle of law, expressing three related ideas: parties should be free to choose their … been freely made, parties should be held to their bargains (‘sanctity of contract'). This entry, prepared for an …
Persistent link: https://www.econbiz.de/10013040192
revolutionary for contract law because the remedy focuses on defendant's mindset and gains rather than plaintiff's loss. Further … contract plaintiffs. But, let's be honest about its shortcomings as drafted and its underlying morality-infused rationale. Then …
Persistent link: https://www.econbiz.de/10012755140
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
Disclosure has long been the preferred regulatory approach to prevent one-sided standard-form contract terms, but its …
Persistent link: https://www.econbiz.de/10012998350
This paper is forthcoming as a chapter in Contract Law and Economics, ed. Gerrit de Geest (Cheltenham: Elgar 2009 …
Persistent link: https://www.econbiz.de/10014201611
"Legal valuation" - the resolution of disputes over the value of legal entitlements - is an inevitable aspect of any legal system. Across time and place and doctrinal boundaries, the problem is the same: each side seeks to have a self-servingly high or low figure assigned to the entitlement in...
Persistent link: https://www.econbiz.de/10014050912
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