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Full-Text Articles in Law
Damages Versus Specific Performance: Lessons From Commercial Contracts, Theodore Eisenberg, Geoffrey P. Miller
Damages Versus Specific Performance: Lessons From Commercial Contracts, Theodore Eisenberg, Geoffrey P. Miller
Cornell Law Faculty Publications
Specific performance is a central contractual remedy but, in Anglo-American law, generally is subordinate to damages. Despite rich theoretical discussions of specific performance, little is known about parties' treatment of the remedy in their contracts. We study 2,347 contracts of public corporations to quantify the presence or absence of specific performance clauses in several types of contracts. Although a majority of contracts do not refer to specific performance, substantial variation exists in the rates of including specific performance clauses. High rates of specific performance use in the area of corporate combinations through merger (53.4 percent) or assets sales (45.1 percent), …
Law And Equity In Contract Enforcement, Emily Sherwin
Law And Equity In Contract Enforcement, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman
Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.