Contracts Commons^™

Defining The Borders Of Uniform International Contract Law: The Cisg And Remedies For Innocent, Negligent, Or Fraudulent Misrepresentation, Ulrich G. Schroeter

Villanova Law Review (1956 - )

No abstract provided.

Principles Of Asian Contract Law: An Endeavor Of Regional Harmonization Of Contract Law In East Asia, Shiyuan Han

Villanova Law Review (1956 - )

No abstract provided.

Hypothetical Efficiency Is Not Grounds For Breach, Daniel M. Isaacs

West Virginia Law Review

The law does not approve of the efficient breach of contract; it merely provides or fails to provide remedies. Although there are situations where the law implies contract terms, there is no basis for an implied covenant of efficiency. Hypothetical contracts, purporting to incorporate a release where the cost of performance to the promisor exceeds its value to the promisee, cannot be used to bind people to results, even efficient ones, to which they did not agree. Where it is inefficient to demand performance, flexibility should come from the promisee who, having received in trust the power to limit the …

Who Needs A Uniform Contract Law, And Why?, Ingeborg Schwenzer

Villanova Law Review (1956 - )

No abstract provided.

Applicable Law, The Cisg, And The Future Convention On International Commercial Contracts, Pilar Perales Viscasillas

Villanova Law Review (1956 - )

No abstract provided.

Attorneys' Fees -- Last Ditch Stand?, Bruno Zeller

Villanova Law Review (1956 - )

No abstract provided.

Possible Future Work By Uncitral In The Field Of Contract Law: Preliminary Thoughts From The Secretariat, Renaud Sorieul, Emma Hatcher, Cyril Emery

Villanova Law Review (1956 - )

No abstract provided.

The Intrepretation In Mexico Of The United Nations Convention On Contracts For The International Sale Of Goods, Alejandro Osuna-Ganzalez

Villanova Law Review (1956 - )

No abstract provided.

Cisg And Upicc As The Basis For An International Convention On International Commercial Contracts, Jan Ramberg

Villanova Law Review (1956 - )

No abstract provided.

A New Global Initiative On Contract Law In Uncitral: Right Project, Right Forum?, Keith Loken

Villanova Law Review (1956 - )

No abstract provided.

Unidroit Principles As A Source For Global Sales Law, Henry Deeb Gabriel

Villanova Law Review (1956 - )

No abstract provided.

An Overview Of The Cisg And An Introduction To The Debate About The Future Convention, Michael Bridge

Villanova Law Review (1956 - )

No abstract provided.

The Soft Law Approach To Unification Of International Commercial Contract Law: Future Perspectives In Light Of Unidroit's Experience, Anna Veneziano

Villanova Law Review (1956 - )

No abstract provided.

Article 35 Of The Cisg: Reflecting On The Present And Thinking About The Future, Djakhongir Saidov

Villanova Law Review (1956 - )

No abstract provided.

An Assessment Of The Convention On The Limitation Period In The International Sale Of Goods Through Case Law, Luca G. Castellani

Villanova Law Review (1956 - )

No abstract provided.

Law Wars: Australian Contract Law Reform Vs. Cisg Vs. Cesl, Lisa Spagnolo

Villanova Law Review (1956 - )

No abstract provided.

Cisg As Basis Of A Comprehensive International Sales Law, Larry A. Dimatteo

Villanova Law Review (1956 - )

No abstract provided.

Contractual Interpretation In Indian Evidence Act Jurisdictions: Compatibility With Modern Contextual Approach, Yihan Goh

Research Collection Yong Pung How School Of Law

This paper examines the approaches towards contractual interpretation taken by Commonwealth jurisdictions governed by the Indian Evidence Act. While some of these jurisdictions import the modern contextual approach into their domestic approaches, it will be argued that it is largely compatible with the Indian Evidence Act. In particular, it will be shown that a limited adoption of the modern contextual approach is permissible, namely one involving the limited admissibility of extrinsic evidence to interpret contracts, subject to the requirement of ambiguity. An integrated approach may represent the best way of following the modern contextual approach, while remaining faithful to the …

Australia's Proposed Exercise In Contract Law Reform: International Convergence And Regional Implications, Basil C. Bitas

Research Collection Yong Pung How School Of Law

In July 2012, the Australian Attorney-General’s Department began soliciting comment regarding the best way to reform Australian contract law to render it more suitable for the demands of 21st century commerce. The effort marks an appreciation of the changing commercial environment and challenges the traditional common law preference for piecemeal, organic reform through case law. The proposed effort has implications for the global convergence of legal systems and further poses practical questions as to what form any such contractual reform should take. Codification in the European, civil law sense is a possible but unlikely outcome. A persuasive but non-binding restatement …

Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein

Cardozo Law Review

The market for public-private contracting is huge and flawed. Privatization proponents predict that privatizing will both cut costs and improve service quality. But 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 by applying contract-theory principles to public-private contracting.

It …