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Comparative Efficiency In International Sales Law, Larry A. Dimatteo, Daniel T. Ostas
Comparative Efficiency In International Sales Law, Larry A. Dimatteo, Daniel T. Ostas
Larry A DiMatteo
The article employs the method of the economic analysis of law (EAL) in a comparative context. In particular, it assesses the efficiency of select provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG is the law of the United States and over 70 other countries. It reflects a culmination of a century-old process of failed attempts to achieve an international sales law. The drafting process involved intense negotiation and compromise between representatives of the common and civil law legal traditions. As a result, the CISG provides in an interesting amalgam of civil …
Strategic Contracting: Contract Law As A Source Of Competitive Advantage, Larry Dimatteo
Strategic Contracting: Contract Law As A Source Of Competitive Advantage, Larry Dimatteo
Larry A DiMatteo
This paper uses sources taken from the legal literature, as well as literature from strategy and human resource management. It explores Professor Gilson’s noted remark in the Yale Law Journal that “business lawyers serve as transaction cost engineers and this function has the potential for creating value.” This exploration focuses on the strategic use of contract law in gaining a competitive advantage and to create value. It begins by differentiating two frames of the contract paradigm. One is the internal frame in which contract law’s inherent flexibility allows for its use as a source of competitive advantage. The second frame …