Economics of Contract Law

This important volume presents a rich collection of ideas on and insights into the law and economics of contracts.

Author: Douglas G. Baird

Publisher: Edward Elgar Pub

ISBN: STANFORD:36105064173763

Category: Law

Page: 656

View: 975

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This important volume presents a rich collection of ideas on and insights into the law and economics of contracts. It includes material relevant to a large number of legal fields.Many of the articles are classics that have, over the years, become focal points for continuing debate; others provide an easily accessible account of particular areas. The editor¿s comprehensive introduction provides an overview of law and economics scholarship in contracts over the past few decades and a portal into an evolving field. Topics include: the economics of contracting; efficient breach and renegotiation; expectation damages and its alternatives; default rules and mass markets.
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Readings in the Economics of Contract Law

This collection brings together some of the main contributions to an important area of this work, the economics of contract law.

Author: Victor P. Goldberg

Publisher: Cambridge University Press

ISBN: 0521349206

Category: Business & Economics

Page: 252

View: 744

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This collection brings together some of the main contributions to an important area of this work, the economics of contract law.
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Contract Law and Economics

This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.

Author: Gerrit de Geest

Publisher: Edward Elgar Publishing

ISBN: 9781849806640

Category: Law

Page: 496

View: 620

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This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: precontractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed. This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.
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The Economics of Contract Law

Designed to integrate economic principles into a traditional contracts course.

Author: David W. Barnes

Publisher: West Academic Publishing

ISBN: MINN:31951D01139893K

Category: Law

Page: 127

View: 975

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Designed to integrate economic principles into a traditional contracts course. The cases and materials consider reasons why some contracts should not be enforced, where enforcement might lead to inefficient results due to externalities, mistake, or lack of capacity or consideration. Introduces the theory of efficient breach and applying that theory to issues of impracticability and impossibility. Considers various permutations of the traditional remedies for breach and the limitations on recovery of damages. The final section considers duress and unconscionability and offers economic rationales for not enforcing agreements into which parties have voluntarily entered.
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Comparative Contract Law and Economics

This well-documented book will appeal to postgraduate students and scholars of law and economics, and comparative law. Judges and law practitioners will also find much to interest them in this pioneering volume.

Author: Mitja Kovač

Publisher: Edward Elgar Pub

ISBN: 1849809739

Category: Law

Page: 398

View: 887

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'This monograph sets a model for what good comparative law and economics scholarship should look like. Solid legal thinking is coupled with sound and accessible economic analysis, with attention to real life legal problems.' - Francesco Parisi, University of Minnesota, US and University of Bologna, Italy
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Economic Analysis of Contract Law

This book examines the main issues arising in economic analysis of contract law with special attention given to the incomplete contracts.

Author: Sugata Bag

Publisher: Springer

ISBN: 9783319652689

Category: Law

Page: 203

View: 491

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This book examines the main issues arising in economic analysis of contract law with special attention given to the incomplete contracts. It discusses both the main features of contract law as they relate to the problem of economic exchange, and how the relevant legal rules and the institutions can be analysed from an economic perspective. Evaluate the welfare impacts, analyses the effects and the desirability of different breach remedies and examines the optimal incentive structure of party-designed liquidated damages under the different dimensions of informational asymmetry. Overall the book aims to contribute to the legal debate over the adoption of the specific breach remedies when the breach victim’s expectation interest is difficult to assess, and to the debate over courts' reluctance to implement large penalties in the event of breach of contracts.
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Economic Analysis of the DCFR

The Economic Impact Group (EIG) was created to support the work on the DCFR with insights from law and economics. It brings together a number of leading European law and economics scholars.

Author: Filomena Chirico

Publisher: Walter de Gruyter

ISBN: 9783866538559

Category: Law

Page: 344

View: 836

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The Economic Impact Group (EIG) was created to support the work on the DCFR with insights from law and economics. It brings together a number of leading European law and economics scholars. The Group looked at the main elements of the DCFR with two questions in mind: from an economic perspective, is it sensible to harmonize private law across Europe for this specific element, and is the solution chosen in the DCFR optimal? This book presents the outcome of the work of the EIG. It deals with key issues such as the function of contract law, contract formation, good faith, non-discrimination, specific performance versus damages, standard contractual terms and consumer protection in contract law. The EIG complements the work of the drafters of the DCFR with insightful and critical assessments, based on the well-established law and economics literature.
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Essays in Law and Economics II

Selection of (anonymously refereed) papers presented at the Fifth Belgian Workshop on Law & Economics ... held at Ghent March 4, 1994.

Author: Boudewijn Bouckaert

Publisher:

ISBN: STANFORD:36105061902727

Category: Contracts

Page: 306

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Selection of (anonymously refereed) papers presented at the Fifth Belgian Workshop on Law & Economics ... held at Ghent March 4, 1994.
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The Oxford Handbook of Law and Economics Economics of contract law

The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics.

Author: Francesco Parisi

Publisher:

ISBN: LCCN:2017935284

Category: Law and economics

Page: 571

View: 537

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"Covering over100 topics ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, 'The Oxford Handbook of Law and Economics' is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. It looks at the origins of the field of law and economics, tracks the field's progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics"--Front book jacket flap.
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Nudging Possibilities Limitations and Applications in European Law and Economics

Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired.

Author: Klaus Mathis

Publisher: Springer

ISBN: 9783319295626

Category: Law

Page: 382

View: 130

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This anthology provides an in-depth analysis and discusses the issues surrounding nudging and its use in legislation, regulation, and policy making more generally. The 17 essays in this anthology provide startling insights into the multifaceted debate surrounding the use of nudges in European Law and Economics. Nudging is a tool aimed at altering people’s behaviour in a predictable way without forbidding any option or significantly changing economic incentives. It can be used to help people make better decisions to influence human behaviour without forcing them because they can opt out. Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for debiasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. The first part of this anthology discusses the foundations of nudging theory and the problems associated, as well as outlining possible solutions to the problems raised. The second part is devoted to the wide scope of applications of nudges from contract law, tax law and health claim regulations, among others. This volume is a result of the flourishing annual Law and Economics Conference held at the law faculty of the University of Lucerne. The conferences have been instrumental in establishing a strong and ever-growing Law and Economics movement in Europe, providing unique insights in the challenges faced by Law and Economics when applied in European legal traditions.
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The Common Frame of Reference

A workshop held at the Law and Economics Faculty of the University of Bonn in November 2008 aimed at stimulating the debate on the economic implications of the principles and rules enshrined in the DCFR (Draft Common Frame of Reference of ...

Author: Gerhard Wagner

Publisher: sellier. european law publ.

ISBN: 9783866531109

Category: Business & Economics

Page: 272

View: 530

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A workshop held at the Law and Economics Faculty of the University of Bonn in November 2008 aimed at stimulating the debate on the economic implications of the principles and rules enshrined in the DCFR (Draft Common Frame of Reference of European Private Law). An essential part of the papers presented at the Bonn workshop are now being published. The topics addressed range from general issues such as the policies of anti-discrimination and consumer protection to analyses of specific legal areas, like the law of remedies, the law of service contracts and the law of torts or delict.
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The Regulatory Function of Contract Law

This thesis challenges the traditional view of national contract laws as facilitative regimes and argues that contract law on the national level has been progressively re-oriented to perform an efficiency-driven regulatory function.

Author: Lyubomira Gramcheva

Publisher:

ISBN: OCLC:1088454680

Category: Contracts

Page: 357

View: 791

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This thesis challenges the traditional view of national contract laws as facilitative regimes and argues that contract law on the national level has been progressively re-oriented to perform an efficiency-driven regulatory function. To develop the argument the thesis studies the contract law remedial regime of two common law and one civil law jurisdiction the US, England and Bulgaria, in two specific contracts the sale-of-goods and the construction contract. The introductory chapter puts the main theme in context and outlines the project. Exploring the limits of promissory theory and neoclassical economics, the second chapter develops an innovative interdisciplinary methodology joining the new institutional economics with the comparative law method. The third, fourth and fifth chapters offer taxonomies of remedies, types of contracts and remedial effects to set the stage for a meaningful comparison across the different legal traditions. Since economic theory has advanced most in the study of incentives generated by damages, the third chapter focuses on the latter remedy and shows that the common law classification of damage measures (expectation, reliance, restitution), on which traditional law-and-economics accounts are based, can be applied to study a civil law jurisdiction like Bulgaria. Distinguishing discrete and long-term contracts and demonstrating that the differentiation between sale-of-goods and construction contracts in the compared national legal systems does not necessarily go along the lines of the discrete/long-term distinction in economics, the fourth chapter argues that the positive comparison should be made with an eye on the market for substitute performances even if the compared factual scenarios are classified under different legal categories in the different jurisdictions. For the uninitiated, the fifth chapter reconstructs and criticises the standard economic model rationalising damages as incentives. The final chapter applies the approach developed here to contractual termination. The exemplary analysis identifies trends in the compared legal systems and suggests that all of them converge in charging the termination remedy with a regulatory function. Finally, I generalise to make some bolder claims about contract law.
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Bibliography of Law and Economics

Law and economics can be considered as the most exciting development in legal scholarship in recent decades. This volume is the first all-encompassing bibliography in this area.

Author: B. Bouckaert

Publisher: Springer Science & Business Media

ISBN: 9789401708937

Category: Law

Page: 667

View: 182

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Law and economics can be considered as the most exciting development in legal scholarship in recent decades. This volume is the first all-encompassing bibliography in this area. It lists approximately 7000 publications, covering the whole area of law and economics, including `old' law and economics (topics such as antitrust law, labor law, tax law, social security, economic regulation, etc.) as well as `new' law and economics with such topics as tort law, contract law, family law, procedure, criminal law, etc.). The volume also includes the literature on the philosophical foundations and the fundamental concepts of the approach. Part Two gives a special survey of law and economics publications in Europe, written in other languages than English. The Bibliography of Law and Economics is an invaluable reference work for students, scholars, lawyers, economists and other people interested in this field.
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The Law and Economics of Contract Interpretation

Contract interpretation is an understudied topic in the economic analysis of contract law.

Author: Richard A. Posner

Publisher:

ISBN: OCLC:794601593

Category: Contracts

Page: 52

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Contract interpretation is an understudied topic in the economic analysis of contract law. This paper combines simple formal analysis of the tradeoffs involved in interpretation with applications to the principal doctrines of contract interpretation, including the 'four corners' rule, mutual mistake, contra proferentum, and what I call the (informal but very important) rule of 'extrinsic nonevidence.' Gap filling is distinguished, and the relativity of interpretive doctrine to the interpretive medium - jurors, arbitrators, and judges in different kinds of judicial system - is emphasized.
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Contract Law and Theory

Contract Law and Theory, Second Edition conveys a grasp of theory and policy that makes all of the contract rules easier to understand.

Author: Eric A. Posner

Publisher: Aspen Publishers

ISBN: 1454869518

Category: Law

Page: 260

View: 573

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Contract Law and Theory, Second Edition conveys a grasp of theory and policy that makes all of the contract rules easier to understand. By explaining and applying contract theory to a wide range of contracts cases, Eric Posner reveals not only the "what" of doctrine but also the "why" -- why one rule rather than another makes sense from a policy perspective. An understanding of what contract theory is and how it is applied will help you to understand not only Contracts, as taught in law school, but also the many areas of law in which contractual ideas operate, such as bankruptcy law, secured transactions, and corporate law. An exciting new Student Treatise from an eminent authority, Contract Law and Theory, Second Edition features: Complete coverage of contracts that includes the principal cases covered in most first-year contracts courses A general explication of the rules of contract that begins with the simplest ideas and gradually builds in complexity A consistent emphasis on the application of theory to doctrine, through analysis of a rich selection of cases A readable and expert treatment of the role of economics in contract law Illustrative examples that point to noteworthy cases Suitability for use alongside any casebook
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Seduction by Contract

Seduction by Contract explains how consumer contracts emerge from market forces and consumer psychology.

Author: Oren Bar-Gill

Publisher: Oxford University Press

ISBN: 9780199663361

Category: Business & Economics

Page: 280

View: 308

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Seduction by Contract explains how consumer contracts emerge from market forces and consumer psychology. Consumers' predictable mistakes - they are short-sighted, optimistic, and imperfectly rational - compel sellers to compete by hiding the true costs of products in complex, misleading contracts. Only better law can overcome the market's failure.
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