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Selected Works

Melvin A. Eisenberg

Contract Theory

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Articles 1 - 8 of 8

Full-Text Articles in Law

The Emergence Of Dynamic Contract Law, Melvin Aron Eisenberg Aug 2019

The Emergence Of Dynamic Contract Law, Melvin Aron Eisenberg

Melvin A. Eisenberg

No abstract provided.


Mistake In Contract Law, Melvin A. Eisenberg Aug 2019

Mistake In Contract Law, Melvin A. Eisenberg

Melvin A. Eisenberg

Develops the legal rules that should govern mistake in contract law on a functional basis. Types of mistake that are relevant in contract law on the basis of their character; Reasons of efficiency and morality that apply to cases in which a non-mistaken party knew or had reason to know that a payment was mistakenly made; Distinction between mistaken factual assumptions and evaluative mistakes.


Disclosure In Contract Law, Melvin A. Eisenberg Aug 2019

Disclosure In Contract Law, Melvin A. Eisenberg

Melvin A. Eisenberg

Develops the Disclosure Principle that should govern disclosure in contract law. Reasons for requiring disclosure; Concept of a tacit assumption; Paradigm cases that exemplifies the disclosure problem.


The Limits Of Cognition And The Limits Of Contract, Melvin Aron Eisenberg Mar 2015

The Limits Of Cognition And The Limits Of Contract, Melvin Aron Eisenberg

Melvin A. Eisenberg

No abstract provided.


Probability And Chance In Contract Law, Melvin Aron Eisenberg Mar 2015

Probability And Chance In Contract Law, Melvin Aron Eisenberg

Melvin A. Eisenberg

No abstract provided.


The Conception That The Corporation Is A Nexus Of Contracts, And The Dual Nature Of The Firm, Melvin A. Eisenberg Mar 2015

The Conception That The Corporation Is A Nexus Of Contracts, And The Dual Nature Of The Firm, Melvin A. Eisenberg

Melvin A. Eisenberg

No abstract provided.


Why There Is No Law Of Relational Contracts, Melvin A. Eisenberg Mar 2015

Why There Is No Law Of Relational Contracts, Melvin A. Eisenberg

Melvin A. Eisenberg

No abstract provided.


The Duty To Rescue In Contract Law, Melvin A. Eisenberg Mar 2015

The Duty To Rescue In Contract Law, Melvin A. Eisenberg

Melvin A. Eisenberg

No abstract provided.