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Articles 1 - 6 of 6
Full-Text Articles in Law
A Defense Of Judicial Reconstruction Of Contracts, Mark P. Gergen
A Defense Of Judicial Reconstruction Of Contracts, Mark P. Gergen
Mark P. Gergen
No abstract provided.
Contract Remedies In Action: Specific Performance, Yonathan A. Arbel
Contract Remedies In Action: Specific Performance, Yonathan A. Arbel
West Virginia Law Review
No abstract provided.
Introducing The 'New Handshake' To Expand Remedies And Revive Responsibility In Ecommerce, Amy J. Schmitz
Introducing The 'New Handshake' To Expand Remedies And Revive Responsibility In Ecommerce, Amy J. Schmitz
Faculty Publications
There was a time when individuals would meet in person to make purchases and do deals. They would discuss the terms, assess the trustworthiness and character of their contracting partners, and conclude the deal with a handshake. The handshake helped ensure the enforcement of the deal without need for the rule of law or legal power. That handshake was one’s bond — it was a personal trust mark. With the emergence of eCommerce, however, that handshake has nearly disappeared along with the sense of responsibility it inspired. Accordingly, this article discusses how this has impacted consumers’ access to remedies regarding …
Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein
Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein
Wendy Netter Epstein
The market for public-private contracting is huge and flawed. Public-private contracts for services such as prisons and welfare administration tend to result in cost savings at the sacrifice of quality service. For instance, to cut costs, private prisons skimp on security. Public law scholars have studied these problems for decades and have proposed various public law solutions. But the literature is incomplete because it does not approach the problem through a commercial lens. This Article fills that gap. It considers how economic analysis of contract law, in particular efficiency theory and agency theory, bear upon the unique problems of public-private …
Control Or Security: A Therapeutic Approach To The Freedom Of Contract, Yuval Feldman
Control Or Security: A Therapeutic Approach To The Freedom Of Contract, Yuval Feldman
Touro Law Review
No abstract provided.
A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thürmann
A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thürmann
Georgia Journal of International & Comparative Law
No abstract provided.