Category Archives: Contract

Winkelmann, Glazebrook and France, ‘Contractual Interpretation’

INTRODUCTION “We start with some general points about the interpretation of contracts, before discussing in more detail the methodology of interpretation and, in particular, the modern purposive approach to interpretation with its greater use of extrinsic aids to interpretation. Relevant differences between colloquium jurisdictions are highlighted and similarities to and differences from the position in […]

Jennifer Nadler, ‘Contract Damages, Moral Agency, and Henry James’ The Ambassadors

ABSTRACT This paper enters the dispute over the proper interpretation of the expectation measure of damages in contract law. Should damages be measured by the plaintiff’s financial loss or by the cost of acquiring a substitute performance (‘cost of cure’)? I begin by presenting a moral (as opposed to an economic or a pragmatic) justification […]

Mittlaender, Planck and Buskens, ‘Retaliation, Remedies, and Contracts’

ABSTRACT Contracts commit individuals to a future course of action and create feelings of entitlement on the parties. In a contractual gap, parties’ duties and rights are not univocal, and while promisors will often feel entitled to breach, promisees will feel entitled to receive the promised performance. This divergence leads to disputes, aggrievement, and retaliatory […]

Elizabeth Carter, ‘Are Premarital Agreements Really Unfair: An Empirical Study of Premarital Agreements’

ABSTRACT Are premarital agreements categorically unfair? Critics of premarital agreements cling to the (unfounded) belief that premarital agreements are categorically one-sided, coercive, and designed to benefit the wealthier spouse – usually the man. Courts, legislators, and scholars have too often relied on assumptions about premarital agreements without delving in to the facts. They have looked […]

Dagan and Dorfman, ‘Justice for Contracts’

ABSTRACT This Article develops a theory of just contractual relationships for a liberal society. We argue that this theory is already implicit in vast areas of modern contract law. As a liberal theory, properly-called, our account is premised on the canonical commitments of liberalism to people’s self-determination and their substantive equality. As a theory of […]

Radosveta Vassileva, ‘On the Diverging Conceptions of Fairness in English and Bulgarian Contract Law: The Peculiar Transformation(s) of Roman Causa’

ABSTRACT This paper examines the distinct roles, which the Roman doctrine of ‘causa’ acquired in English and Bulgarian contract law, to challenge popular beliefs entertained by common law and comparative scholars and to demonstrate the peculiar mechanisms through which the conception of fairness in contract law evolves. While leading contemporary English scholars argue that the […]

Robert Brain, ‘The Unnecessary Warranty of Fitness for a Particular Purpose’

ABSTRACT Warranty law provides that if a seller makes ‘an affirmation of fact’ about an attribute of a good, an express warranty is created upon its sale. But if the buyer specifies she wants a good with that same attribute, a warranty of fitness for a particular purpose is formed upon the sale. This distinction, […]

Dagan and Heller, ‘Choice Theory: A Restatement’

ABSTRACT Choice theory advances a liberal approach to contract law. It brings jurisprudential coherence to the field, explains many puzzling doctrines, and offers a normatively-attractive reform program. In the years since choice theory first appeared, dozens of scholars have subjected it to the most rigorous scrutiny. As a result, choice theory has emerged stronger. This […]

Leon Yehuda Anidjar, ‘Interpersonal Trust and Contracts Theory Redux’

ABSTRACT The proposition that mutual loyalty facilities cooperation required for contract performance is a truism, almost a cliché. Jurists have extensively debated the role of honesty, collaboration, and reciprocity for supporting decent contractual relations. Surprisingly, contract law scholars haven’t developed a detailed account of interpersonal trust yet in a one-shot contract that is outside the […]

John Linarelli, ‘Artificial General Intelligence and Contract’

ABSTRACT The aim of this article is to inquire whether contract law can operate in a state of affairs in which artificial general intelligence (AGI) exists and has the cognitive abilities to interact with humans to exchange promises or otherwise engage in the sorts of exchanges typically governed by contract law. AGI is a long […]