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Articles 1 - 4 of 4
Full-Text Articles in Contracts
Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem
Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem
Articles by Maurer Faculty
Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification a fact that has confounded generations of scholars and created a mess of case law.
This article argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability of …
Breach Of Contract, Damage Measures, And Economic Efficiency, Robert L. Birmingham
Breach Of Contract, Damage Measures, And Economic Efficiency, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations In The Light Of Economic Theory, Robert L. Birmingham
A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations In The Light Of Economic Theory, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
The Law Of Contracts In Communist Countries (Russia, Bulgaria, Czechoslovakia And Hungary), Wencelas J. Wagner
The Law Of Contracts In Communist Countries (Russia, Bulgaria, Czechoslovakia And Hungary), Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.