Law Commons^™

Teaching Contracts From A Socioeconomic Perspective, Jeffrey L. Harrison

UF Law Faculty Publications

This essay begins with a brief discussion of what socioeconomics is. In this section I also address whether one must be well versed in conventional economics in order to apply a socioeconomic perspective. I then discuss the basic themes that are present throughout my contracts class that stem from my interest in socioeconomics. Underlying these themes is the more fundamental goal of devising methodologies for assessing the quality of contracts. By quality, I mean something more and perhaps more subtle than whether the parties have conformed to all the formal requirements. Instead, I encourage students to examine whether all of …

Reconsidering The Reliance Interest, Christopher W. Frost

Law Faculty Scholarly Articles

This essay discusses the place of Fuller and Perdue's The Reliance Interest in Contract Damages in the contracts classroom. After first describing my use of The Reliance Interest, I will set out what I consider to be the pedagogical benefits of beginning the course with remedies and the attractiveness of Fuller and Perdue's analytical model in conveying an understanding of the remedial structure. Next, I will discuss the views of critics Craswell, Kelly and Barnes. Finally, I will revisit the place of Fuller and Perdue's work in the contracts course in light of these criticisms.

Post Claim Underwriting, Thomas C. Cady, Georgia Lee Gates

West Virginia Law Review

No abstract provided.

Gap-Filling And Freedom Of Contract, Shumei Lu

LLM Theses and Essays

When a client asks his lawyer what his duties are under a particular contract, normally the lawyer’s first response is “show me the contract.” Does the contract provide all the contract duties in its expressed form? Definitely not. By now everyone acknowledges that, to some extent, all contracts have some gaps. Even the most carefully drafted document rests on volumes of assumptions that cannot be explicitly expressed.1 The inevitability of gaps reflects both our “relative ignorance of fact” and “our relative indeterminacy of aim.” Generally speaking, there are three types of gaps: first, the parties to a contract have not …

Promises And Paternalism, E. Allan Farnsworth

William & Mary Law Review

No abstract provided.

Contracts-Offer And Acceptance-Lapse Of Offer

Indiana Law Journal

No abstract provided.

Guarantying A Hit (Or Miss): Understanding The Completion Guaranty Business In Hollywood, James W. Coupe

Vanderbilt Journal of Entertainment & Technology Law

Titanic was. So was Waterworld. Heck, even The Adventures of Baron Munchausen was. Blockbusters? No. Oscar winners? Wrong again. Yet these three films do share one unfortunate characteristic-- each of these pictures was over budget, drastically in some cases. Although caused by different forces and cured by different individuals, each film eventually forced someone to pay a great deal of money unexpectedly. Like many unforeseen expenses, these too can be insured against. Enter stage right, a completion guaranty company.

Any and all film productions financed by non-producer third parties should have a completion guaranty. In the most fundamental terms, a …

Regret And Contract "Science", Peter A. Alces

Faculty Publications

No abstract provided.

When Should Contract Law Supply A Liability Rule Or Term?: Framing A Principle Of Unification For Contracts, Juliet P. Kostritsky

Faculty Publications

To demonstrate the need for a unified instrumental framework for deciding gaps and implying liability rules, Part II of this Article will first describe the competing visions of the role of law in contract gap-filling. Although each vision has expanded the ways in which we think about contracts and has offered more realistic models of bargaining, each still fails to offer a unified framework for deciding how courts should decide *1290 incomplete contracts. Part III of the Article outlines the methodological framework for unifying judicial approaches to law-supplied terms or rules. The framework will incorporate a: (1) realistic model of …

Preface To The Gateway Thread, Deborah W. Post

Scholarly Works

No abstract provided.

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 1999 and 2000.

(Baby) M Is For The Many Things: Why I Start With Baby M, Carol Sanger

Faculty Scholarship

For several years now I have begun my first-year contracts course with the 1988 New Jersey Supreme Court case In the Matter of Baby M. In this essay, I want to explain why. I offer the explanation in the spirit of modest proselytizing, recognizing that many of us already have a favored method or manner into the course: some introductory questions we pose before leaping into (or over) the introductions already provided by the editors of the many excellent casebooks available. But I have found that Baby M works extremely well in ways that others may want to consider. …