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Full-Text Articles in Law
Theory Of Self-Help Remedies In Contract, A, Mark P. Gergen
Theory Of Self-Help Remedies In Contract, A, Mark P. Gergen
Mark P. Gergen
The article discusses the positive and normative aspects of self-help remedies in contracts. Self-remedies are defined as actions that a party may take in a bid to resolve a breach of contract without the need to go to court. It is said that the power to withhold performance amid a breach tends to be used with the power to refuse non-conforming performance. The author believes that the law of self-help allows a great deal of waste in avoiding the risk of short-changing contract rights, leading to the undermining of the theory of efficient breach.
The Use Of Open Terms In Contract, Mark P. Gergen
The Use Of Open Terms In Contract, Mark P. Gergen
Mark P. Gergen
No abstract provided.
Defense Of Judicial Reconstruction Of Contracts, A, Mark P. Gergen
Defense Of Judicial Reconstruction Of Contracts, A, Mark P. Gergen
Mark P. Gergen
No abstract provided.
The Role Of Fault In Contract Law: Unconscionability, Unexpected Circumstances, Interpretation, Mistake, And Nonperformance, Melvin Aron Eisenberg
The Role Of Fault In Contract Law: Unconscionability, Unexpected Circumstances, Interpretation, Mistake, And Nonperformance, Melvin Aron Eisenberg
Melvin A. Eisenberg
It is often asserted that contract law is based on strict liability, not fault. This assertion is incorrect. Fault is a basic building block of contract law, and pervades the field. Some areas of contract law, such as unconscionability, are largely fault based. Other areas, such as interpretation, include sectors that are fault based in significant part. Still other areas, such as liability for nonperformance, superficially appear to rest on strict liability, but actually rest in significant part on the fault of breaking a promise without sufficient excuse. Contract law discriminates between two types of fault: the violation of strong …
Third-Party Beneficiaries, Melvin Aron Eisenberg
Third-Party Beneficiaries, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.