Jurisprudence Commons^™

Contract Law: Trends And Shifts In 2010, Dr. Yehuda Adar

Yehuda Adar Dr.

-This Article is in Hebrew- This paper presents an overview of some of the main developments in the general body of contract law in Israel during the 2009-2010 law-year and examines their possible impact on the rights of contracting parties. The author claims that these developments reflect a general pattern that characterized Israeli contract law in recent decades: On the one hand, a continuous, step-by-step progress is observed in numerous cases in which the Supreme Court introduced minor changes into existing rules or made an effort to clarify and improve the existing doctrine. Such developments are seen, for example, in …

The Reform Of The Standard Contracts Statute – A Critical Commentary, Dr. Yehuda Adar, Dr. Moshe Gelbard

Yehuda Adar Dr.

-This article is in Hebrew-

The Role Of Remedies In The Relational Theory Of Contract: A Preliminary Inquiry, Dr. Yehuda Adar, Dr. Moshe Gelbard

Yehuda Adar Dr.

One of the leading contemporary theories of contract law is the relational theory. Notwithstanding its remarkable development since the foundational works of Macaulay and Macneil it would seem reasonably fair to maintain that this body of literature has generally neglected the discussion of legal remedies. Scholarly literature pertaining to the relational theory has typically focused on extra-legal or informal devices for the regulation of long-term contractual relations, such as: consensual adjustment of primary contractual arrangements in light of changing circumstances, informal incentives for performance and cooperation, the tendency to abstain from relying on formal rights and duties, and the frequent …

Contributory Negligence And Mitigation: Shall The Two Walk Together?, Dr. Yehuda Adar

Yehuda Adar Dr.

-This Article is in Hebrew-

This paper discusses and critically examines the close interrelations of two of the main defences to liability in damages for torts and breach of contract. After a careful analysis of the various similarities between the doctrines of contributory (or comparative) negligence and mitigation of damages, and the basic difference between the two, the article reaches the conclusion that there is no justification for the ongoing existence of the mitigation doctrine. It should be abolished, and the doctrine of comparative negligence should be adopted across the board in both tort law and contract law.

Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Dr. Yehuda Adar

Yehuda Adar Dr.

Three years have passed since the Supreme Court of Canada rendered its controversial decision in Whiten v. Pilot Insurance Co. In that case, the Court affirmed an almost unprecedented punitive damage award by a jury of one million dollars against an insurance company. More importantly, the Whiten decision appears to be the first attempt by the Supreme Court to construct a comprehensive set of rules and principles in light of which punitive damages cases should be decided in the future. While the extraordinary monetary sanction upheld by the Court has attracted much attention in legal and commercial circles, it seems …