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Contract Resurrected! Contract Formation: Common Law – Ucc – Cisg, Sarah Howard Jenkins
Contract Resurrected! Contract Formation: Common Law – Ucc – Cisg, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Contract Design And The Shading Problem, Robert E. Scott
Contract Design And The Shading Problem, Robert E. Scott
Faculty Scholarship
Despite recent advances in our understanding of contracting behavior, economic contract theory has yet to identify the principal causes and effects of contract breach. In this Essay, I argue that opportunism is a primary explanation for why commercial parties deliberately breach their contracts. I develop a novel variation on opportunism that I identify as “shading;” a behavior that more accurately describes the vexing problems courts face in rooting out strategic behavior in contract litigation. I provide some empirical support for the claim that shading behavior is both pervasive in litigation over contract breach and extremely difficult for generalist courts to …