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Full-Text Articles in Disaster Law
The Social Cost Of Contract, David A. Hoffman, Cathy Hwang
The Social Cost Of Contract, David A. Hoffman, Cathy Hwang
All Faculty Scholarship
When private parties perform contracts, the public bears some of the costs. But what happens when society confronts unexpected contractual risks? During the COVID-19 pandemic, completing particular contracts—such as following through with weddings, conferences, and other large gatherings—will greatly increase the risk of rapidly spreading disease. A close reading of past cases illustrates that when social hazards sharply increase after formation, courts have sometimes rejected, reformed, and reinterpreted contracts so that parties who breach to reduce external harms are not left holding the bag.
This Essay builds on that observation in making two contributions. Theoretically, it characterizes contracts as bargains …
Narrow, Narrower, Narrowest: Appropriate Force Majeure Specificity, Tayzlie T. Haack, Max A. Esplin
Narrow, Narrower, Narrowest: Appropriate Force Majeure Specificity, Tayzlie T. Haack, Max A. Esplin
Brigham Young University Prelaw Review
Imagine you are the owner of a small construction company and
are contracted to build a large office building. As is customary, you
signed a contract agreeing to complete the building by a specific
deadline for a set amount of money. Included is a brief force majeure
clause, which allows you to be relieved of the contract in the case of
“unforeseeable circumstances” that might prevent completion of the
project. During construction, heavy tariffs affect your main suppliers,
exponentially increasing the projected cost of completing the
project. Your company cannot afford the supplies necessary to complete
the building, and you …