Gathering pattern contract jury instructions from every State, we examine jurisdictions' treatment of noneconomic … have us believe. We substantiate this claim with an online survey experiment asking respondents about a common contract … promisee's baseline economic losses. In one of the categories of instruction — in which contract juries are instructed to award …

The assertion that a 'license' is simply a 'contract not to sue' has become a commonplace in both copyright and patent … unproductive channels. At root, a license is not a contract, but a form of property interest. It may be closely intertwined with a … of contract doctrine alone. In this article, I seek to explain the complementary but parallel roles played by property …

Neoclassical economic theory seems to aptly characterize contract law’s essence. Contracts enable two parties to reach … the achievement of economic efficiency serves as contract law’s major goal. This article, however, examines an alternative … hypothesis, that contract law is about enforcing inefficient bargains in order to provide enough security to facilitate …

contracts of transferring property (with sale as main contract), enjoying property (with lease as main contract) and service … contracts (with building contract and agency as main contracts). There are no footnotes, only bibliographic selections for each …

This paper studies the design of optimal, privately-stipulated damages when breach of contract is possible at more than … contract at a time closer to when contract performance is due. Furthermore, it is shown that if the seller may be able to find …

This paper develops a game-theoretic model of a contract between a creditor and a debtor where equilibrium depends on … the damage rule chosen for breach-of-contract situations, the use of impossibility-of-performance excuses and the level of … legal contract enforceability. We find that, under perfect legal enforceability, the different alternative damage rules …

Consumer contracts diverge from the traditional paradigm of contract law in various conspicuous ways. They are pre …, but they cast doubt on some fundamental notions of contract law. To reframe the long-lasting debate over consumer … contracts this Article develops a superior legal regime whereby sellers can obtain certification of a form contract by an …