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What does it mean to consent? Consent is an essential component of contracts, yet its part in contract law is obscure … doctrines such as assent or duress. This Article addresses this significant omission in contract law by disassembling the … contract law …
Persistent link: https://www.econbiz.de/10012926800
contract drafters on how to modify their existing risk and cost contracting clauses and to courts on how best to construe …
Persistent link: https://www.econbiz.de/10014110372
Do you ask for contract or purchase terms prior to completing your everyday purchases? Do you first read the pizza box …
Persistent link: https://www.econbiz.de/10014182259
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
rigid property rules, intellectual property owners will contract into more flexible liability rules. A series of recent …
Persistent link: https://www.econbiz.de/10013249105
The ongoing reform of investor-state dispute settlement (ISDS) underlines the pertinence of an old question that has received various and conflicting answers: is investment arbitration a public or a private method of dispute settlement? A key criticism levelled at investment treaty arbitration...
Persistent link: https://www.econbiz.de/10014352506
Government purchases represent an important part of the world economy. Selling to the public sector is a key business activity for certain industries or service providers. The public procurement segment's attractiveness is also underlined by the security of payment and large extent of supplies....
Persistent link: https://www.econbiz.de/10012206526
COVID-19’s impact on business has been exasperating—but is it Frustrating? The Frustration doctrine of contract law … making the deal. This doctrine has long been a marginal player in contract litigation, as parties rarely invoked it …
Persistent link: https://www.econbiz.de/10013235193
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