The following case study investigates the contract enforcement institutions that enable German customers to purchase … developments in the field of information and communication technology. Overall, the importance of formal contract law in …

This paper is forthcoming as a chapter in Contract Law and Economics, ed. Gerrit de Geest (Cheltenham: Elgar 2009 …

Most contract cases involve disputes about the interpretation of the contracts. There is a voluminous law and economics … literature on contract interpretation, but ironically, it does not address whether and how the contract term that is usually of … most interest to economists – the contract price – might be used to interpret other ambiguous contract terms. This is no …

Despite the existence of a near consensus on most of the specifics of common law contract law, there remains a great … deal of uncertainty about how doctrines of contractual fairness are to be applied to excuse a party from a contract, and no … contract is unfair, we must first determine why contract is enforced at all. The exceptions to contractual enforcement can then …

Disclosure has long been the preferred regulatory approach to prevent one-sided standard-form contract terms, but its …

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 …

contract law thinking. I argue that there is, and explain non est factum as an application of the objective principle set out …