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Gift Promises And The Edge Of Contract Law, George Geis
Gift Promises And The Edge Of Contract Law, George Geis
George Geis
No abstract provided.
Contract Law Is Not Enough: The Many Legal Institutions That Support Contractual Commitments, Gillian K. Hadfield
Contract Law Is Not Enough: The Many Legal Institutions That Support Contractual Commitments, Gillian K. Hadfield
Gillian K Hadfield
One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …
Problematic Relations: Franchising And The Law Of Incomplete Contracts, Gillian K. Hadfield
Problematic Relations: Franchising And The Law Of Incomplete Contracts, Gillian K. Hadfield
Gillian K Hadfield
This paper explores an alternative approach to the analysis of franchise contracts which takes seriously their unavoidable incompleteness. The point of departure is the fundamental insight of relational contracting theory, namely that when a contract is embedded within an identifiable relationship, such as the franchise relationship, contractual obligations are often modified, supplemented or completely supplanted by the norms of the ongoing relation. Thus far, the explication of this insight has been along largely theoretical lines. My objective in this article is to further develop the theoretical analysis of the importance of relational elements in order to fashion operational guidelines for …