Open Access. Powered by Scholars. Published by Universities.®

Law and Economics Commons™

Open Access. Powered by Scholars. Published by Universities.®

Contracts

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 91 - 103 of 103

Full-Text Articles in Law and Economics

Consenting To Form Contracts, Randy E. Barnett Jan 2002

Consenting To Form Contracts, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In this essay, I will identify one theoretical source of the common antipathy towards form contracts and why it is misguided. I contend that the hostility towards form contracts stems in important part from an implicit adoption of a promise-based conception of contractual obligation. I shall maintain that, when one adopts (a) a consent theory of contract based not on promise but on the manifested intention to be legally bound and (b) a properly objective interpretation of this consent, form contracts can be seen as entirely legitimate-though some form terms may properly be subject to judicial scrutiny that would be …

Go to article

Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens Mar 2001

Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens

Articles

Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.

Go to article

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan Jan 2001

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan

Faculty Publications

What is the role of contract law in remedying breach? The question of the appropriate legal remedy, specific performance versus money damages, has provided adequate fodder for three decades of debate in the law and economics discourse. In the legal discipline at large, the topic has spurred centuries of debate, as illustrated by Oliver Wendell Holmes's famous line: “The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.” Holmes's approach to contractual remedy would evolve during the latter half of the twentieth century …

Go to article

An Economic Analysis Of The Guaranty Contract, Avery W. Katz Jan 1999

An Economic Analysis Of The Guaranty Contract, Avery W. Katz

Faculty Scholarship

Guaranty arrangements, in which one person stands as surety for a second person's obligation to a third, are ubiquitous in commercial transactions and in commercial law. In recent years, however, scholarly attention to the topic has been scant; and no one has systematically analyzed this body of law and practice from an economic policy perspective. Accordingly, this Article attempts to outline the basic economic logic underlying the guaranty relationship, and applies the results to a variety of specific issues in government policy and private planning. It poses and answers three main questions: First, why would a creditor prefer to make …

Go to article

Bloomer Girl Revisited Or How To Frame An Unmade Picture, Victor P. Goldberg Jan 1998

Bloomer Girl Revisited Or How To Frame An Unmade Picture, Victor P. Goldberg

Faculty Scholarship

Nearly all contracts casebooks feature the saga of Shirley MacLaine's suit against Twentieth Century Fox arising from the cancellation of the proposed film Bloomer Girl. None really get the story right. To be fair, none try. The case is a vehicle for exploring the obligation of the victim of the breach of an employment contract to take alternative employment. If MacLaine refused an offer of alternative employment that was not "different and inferior," her failure to mitigate would mean that the earnings she would have received would be offset against the damages; so, asked the court, was the alternative …

Go to article

The Southeastern Water Compact, Panacea Or Pandora's Box? A Law And Economics Analysis Of The Viability Of Interstate Water Compacts, David Copas Jun 1997

The Southeastern Water Compact, Panacea Or Pandora's Box? A Law And Economics Analysis Of The Viability Of Interstate Water Compacts, David Copas

William & Mary Environmental Law and Policy Review

No abstract provided.

Go to article

Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker Jan 1997

Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Go to article

Enterprise And American Law 1836-1937. By Herbert Hovenkamp. Cambridge, Ma: Harvard University Press, 1991., Barry Cushman Jan 1992

Enterprise And American Law 1836-1937. By Herbert Hovenkamp. Cambridge, Ma: Harvard University Press, 1991., Barry Cushman

Journal Articles

Book review of Enterprise and American Law 1836-1937 by Herbert Hovenkamp. Cambridge, MA: Harvard University Press, 1991

Go to article

Bleeding Hearts And Peeling Floors: Compensation For Economic Loss At The House Of Lords, David S. Cohen Jan 1984

Bleeding Hearts And Peeling Floors: Compensation For Economic Loss At The House Of Lords, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The decision of the House of Lords in Junior Books Ltd. v. Veitchi Ltd. represents an unwarranted development in the law of tort and contract, unless its rationale and limitations are fully appreciated. This reform in such an important area is premature "in the absence of hard data on the probable impact of such an extension of liability.” Much of the published commentary on recovery of economic loss in tort, and on this decision in particular, has been written from the ex post perspective of accident compensation doctrine and theory. Most writers have been concerned with the development of positive …

Go to article

The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton Jr. Jan 1984

The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton Jr.

Cardozo Law Review

No abstract provided.

Go to article

Liquidated Damages As Prima Facie Evidence, James Patrick Fenton Oct 1975

Liquidated Damages As Prima Facie Evidence, James Patrick Fenton

Indiana Law Journal

No abstract provided.

Go to article

The Patent-Antitrust Balance: Proposals For Change, N.R. Powers Jan 1972

The Patent-Antitrust Balance: Proposals For Change, N.R. Powers

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Co-Operative Marketing--Statutes Providing Penalty Against Third Persons Who Induce Breach Of Marketing Contracts, Thomas F. Broden Jan 1947

Co-Operative Marketing--Statutes Providing Penalty Against Third Persons Who Induce Breach Of Marketing Contracts, Thomas F. Broden

Journal Articles

Capitalism is most prudent in accepting into its legal system measures of governmental regulation which apply to economic relations generally and contract relations particularly. Efforts of the executive, legislative or judicial branches of either British or American governments to directly control phases of contractual relationships have generally met staunch and rigid opposition. The spirit of the sacredness and inviolability of the contract relation was a logical outgrowth of the capitalistic system in its inception. At that time freedom was a passion, self-sufficiency a goal. From an era thus shrouded and bedecked with individualism, it is little wonder that measures affecting, …

Go to article

First Prev