Category Archives: Contract

Čadjenović, Miscenic, Dabović-Anastasovska, Dollani, Gavrilović, Mirić, Meškić and Zdraveva, ‘EU Consumer Contract Law’

Abstract The Report gives an in depth analysis of implementation of EU Directives on consumer protection into six countries of South East Europe. In the Part 1, the team presents an overview of the legislative techniques of each participating state which has been prepared by the respective national reporter. The Part 2 demonstrates the transposition […]

Victor Goldberg, ‘Consequential Damages and Exclusion Clauses’

Abstract Contracts often include language excluding compensation for consequential damages. However, the boundary between consequential and direct damages is a blurry one. Courts have used concepts like foreseeability, natural result of the breach, and collateral business in their attempts to define the boundary. Those categories, I argue, are not particularly helpful. I consider three classes […]

Colin Marks, ‘Online Terms as In Terrorem Devices’

Abstract Online shopping has quickly replaced the brick-and-mortar experience for a large portion of the consuming public. The online transaction itself is rote: browse items, add them to your cart, and checkout. Somewhere along the way, the consumer is likely made aware of (or at least exposed to) the merchant’s terms and conditions, via either […]

Orit Gan, ‘Anti-Stereotyping Theory and Contract Law’

Abstract Women gained the right to contract in the nineteenth century, but it nevertheless remains relevant to ask whether modern day contract law discriminates against women. In answering this question, this Article applies anti-stereotyping theory to contract law. This anti-discrimination theory is most commonly used in equal protection cases and in Title VII cases, but […]

Snyder and Burge, ‘American Contract Law for a Global Age: Chapters 1 and 2’

Abstract American Contract Law for a Global Age by Franklin G Snyder and Mark Edwin Burge of Texas A&M University School of Law is a casebook designed primarily for the first-year Contracts course as it is taught in American law schools, but is configured so as to be usable either as a primary text or […]

‘Divergence and Reform in the Common Law of Contracts’ – (2018) 85 George Washington Law Review (special number)

Blake D Morant, Fall 2016 Symposium: Divergence and Reform in the Common Law of Contracts 85 George Washington Law Review 1581 Lord Patrick Stewart Hodge, Judicial Development of the Law of Contract in the United Kingdom 85 George Washington Law Review 1587 Mindy Chen-Wishart, Contractual Remedies: Beyond Enforcing Contractual Duties 85 George Washington Law Review […]

Matthew Marinett, ‘Protecting Individual Self-Interest in Aggregate as the Basis of Fairness in Contract’

Abstract This article puts forward a unifying principle for the exceptions to contractual enforcement, including unconscionability, undue influence, duress, and mistake. In coming to a unified analysis, this article explains and defends three general premises. First, contract law should be understood as operating to maximize societal welfare in the aggregate. Second, contractual enforcement encourages and […]

Eric Alden, ‘Reversing the Reliance Revolution in Contract’

Abstract During the past century, leading American academics have attempted to rewrite in radically altered form the theoretical foundation of liability in contract. In derogation of the historical bases for contractual liability in Anglo-American law, namely voluntary mutual exchange and ‘formal’ contract, these intellectual revolutionaries desire to impose strict liability in contract on the basis […]

Jessica Palmer, ‘Unjust Enrichment, Proprietary Subrogation and Unsatisfactory Explanations’

Abstract While contractual subrogation is understood as a function of agreement or common intention between the relevant parties to assign rights, justifying non-contractual subrogation has proved more difficult. The dominant view appears to be that subrogation arises as a response to what would otherwise be an unjust enrichment and for which a proprietary remedy is […]

Frederick Wilmot-Smith, ‘Termination after breach’

Introduction “Most contract textbooks and introductory courses discuss ‘termination for breach’. The orthodox view is that the first word of the label is misleading: the contract, it is said, does not come to an end following termination; instead, its primary obligations, through legal alchemy, transmute into secondary ones. The last two words, ‘for breach’, are […]