This Article was written to test a hypothesis, namely, that it is easy to get into a contract but very difficult to get … out of one. After reviewing case law from the Seventh and Ninth Circuits, contract law in action suggests that reality may … contract in practice, but it is extremely difficult to get out of one. Pacta sunt servanda seems to be alive and well in twenty …

the structure of her thought about contract law. Subheadings in the article are: (1) The Law in Action; (2) Contracts are … Relational, and Doctrinal Law is Marginal; (3) The Social Significance of Contract Doctrine is Largely Symbolic; (4) The Market …

This article makes a comparative examination of the widening spectrum of cases in which both tort law and contract law … an obligation that, on the one hand, is predicated on and arises from the contract, but, on the other hand, does not … this article is to propose general guidelines for either choosing between tort law and contract law when imposing non …

This paper examines the relationship between debt contracts and state contract law. We first develop an index to … evaluate whether each state's law is favorable or unfavorable to lenders. We then analyze how the contract terms, the frequency … most likely to be used when the contract is governed by law that is favorable to debtors, and that out-of-state borrowers …

This paper examines the relation between state contract law and the use of accounting information in debt contracts …. Contract theory suggests that balance sheet-based covenants resolve debtholder-shareholder conflicts ex ante, whereas income … lenders to exert their control rights ex post if the contract law is more favorable to debtors (i.e., the law is pro …

for breach of contract. Does the commonly expressed ‘presumption of recoupment' relating to expenditure incurred by the … claimant in performing, or preparing to perform, the contract impose the full legal burden or merely an evidential burden on … that the claimant expected or hoped to gain from performance of the contract? Does the presumption extend to all types of …

particular, contract management of defense acquisition programs has been identified as “high risk” - threatening project … disruption of cooperation. In addressing this problem, contract literature has mainly focused on how to improve contracts by … the contract, as a legal mechanism, may obstruct cooperation between the DoD and contractors. It proposes a new normative …

to the Network contract as such concerning its external relevance and consequently in relations between the network as … the main alternative between the “contract” and “organisation”: on the one side, the individual action by which the … factors of production performing on the market are obtained by using the swap contract instrument, with a basically bilateral …

are able to develop sufficient credit histories. When faced with a loss contract, such a company may prefer to breach and … with the contract and law. The bank, in turn, undertakes to pay the buyer the amount of her damages if received by the bank … markets in the future. In addition, the mechanism gives the seller an incentive to breach the contract if and only if the …