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Open Access. Powered by Scholars. Published by Universities.®

2019

Contracts

Melvin A. Eisenberg

Articles 1 - 5 of 5

Full-Text Articles in Law

The World Of Contract And The World Of Gift, Melvin Aron Eisenberg Aug 2019

The World Of Contract And The World Of Gift, Melvin Aron Eisenberg

Melvin A. Eisenberg

Examines the social and legal implications of the treatment of donative promise as an absolute enforceable contract in the United States. Evolution of the donative-promise doctrine; Case laws on donative promise; Moral and social significance of donative promises; Substantive bases for donative-promise principle.


Mistake In Contract Law, Melvin A. Eisenberg Aug 2019

Mistake In Contract Law, Melvin A. Eisenberg

Melvin A. Eisenberg

Develops the legal rules that should govern mistake in contract law on a functional basis. Types of mistake that are relevant in contract law on the basis of their character; Reasons of efficiency and morality that apply to cases in which a non-mistaken party knew or had reason to know that a payment was mistakenly made; Distinction between mistaken factual assumptions and evaluative mistakes.


The Principle Of Hadley V. Baxendale, Melvin Aron Eisenberg Aug 2019

The Principle Of Hadley V. Baxendale, Melvin Aron Eisenberg

Melvin A. Eisenberg

No abstract provided.


Expression Rules In Contract Law And Problems Of Offer And Acceptance, Melvin Aron Eisenberg Aug 2019

Expression Rules In Contract Law And Problems Of Offer And Acceptance, Melvin Aron Eisenberg

Melvin A. Eisenberg

The issue of interpretation is central to contract taw, because a major goat of that body of law is to facilitate the power of self-governing parties to further their shared objectives through contracting. Modern contract law has developed a set of general principles of interpretation that give a place to both objective and subjective elements, and must be applied on an individualized basis. However, a number of narrower black-letter rules give a purely objective and standardized interpretation to certain kinds of expressions, and these standardized interpretations may often differ from the meanings such expressions would be given under the general …


Disclosure In Contract Law, Melvin A. Eisenberg Aug 2019

Disclosure In Contract Law, Melvin A. Eisenberg

Melvin A. Eisenberg

Develops the Disclosure Principle that should govern disclosure in contract law. Reasons for requiring disclosure; Concept of a tacit assumption; Paradigm cases that exemplifies the disclosure problem.