Category Archives: Contract

Givati and Kaplan, ‘Over-Reliance under Contractual Disgorgement’

Abstract: A well-known result in economic analysis of contract law is that expectation damages lead to over-reliance by the non-breaching party. Recently, the contractual disgorgement remedy has attracted much attention from scholars, yet no attempt has been made to analyze reliance investment under this remedy. In this article, we develop a model showing that under […]

Gupta and Khan, ‘Arbitration as Wealth Transfer’

Abstract: This Essay offers a fresh way to understand and talk about forced arbitration: as a wealth transfer. It argues that the rise and prevalence of forced arbitration clauses should be understood as both an outcome of and contributor to economic inequality, and that the national conversation about economic inequality should therefore include the debate […]

‘Self-Driving Contracts’

“Predictive capabilities created by big data and artificial intelligence increasingly allow parties to draft contracts that fill their own gaps and interpret their own standards without adjudication. With these contracts, parties can agree to broad objectives and let automated analytics fill in the specifics based on real-time contingencies. In a recent article, Self-Driving Contracts, we […]

Yeşim Atamer, ‘Why Judicial Control of Price Terms in Consumer Contracts Might Not Always Be the Right Answer – Insights from Behavioural Law and Economics’

Abstract: Regulators everywhere are confronted with the question of how to react to contractual pricing structures that serve to hide rather than reveal the real cost of goods and services and thereby abuse limitations in the cognitive competences of consumers. Given that sellers/service providers systematically make use of insights from behavioural sciences to refine their […]

‘Law in the Cultivation of Responsibility and Trust’

Seana Shiffrin, Enhancing Moral Relationships through Strict Liability, 66 University of Toronto Law Journal 353 (2016). Consider the following everyday scenario as a simplified version of complex contracting. Having been invited to a dinner party a guest asked the host what to bring. ‘A dessert would be nice’, replied the host, to which the guest […]

Daniele Bertolini, ‘Decomposing Bhasin v Hrynew : Towards an institutional understanding of the general organizing principle of good faith in contractual performance’

Abstract: In Bhasin v Hrynew, the Supreme Court of Canada recognized good faith in contractual performance to be a ‘general organizing principle’ of the common law of contract. The true impact of Bhasin on the future development of Canadian contract law remains the subject of considerable debate among legal scholars and practitioners. This article explores […]

‘Summer Reading: Fairfield on Property Law and Digital Ownership’

“If you’re looking for some interesting summer reading, I highly recommend that you check out a new book by Joshua AT Fairfield (Washington & Lee) titled Owned: Property, Privacy, and the New Digital Serfdom (coming out at the end of this month by Cambridge University Press). I’ve had the pleasure of reading portions of this […]

‘Contracting With a Sovereign: Determining Capacity and Authority’

“Contracts with states are an omnipresent feature of the global financial system, underlying all sovereign debt obligations. It may therefore come as a surprise that, until recently, the English courts had not considered certain basic questions: how does one determine a foreign sovereign state’s capacity to enter a private law contract under English law? Is […]

Good Faith in Contract Law: University of Exeter, 29 July 2017, 9:30-16:30

The debate as to whether or not English contract law should recognise a general duty of good faith has been reignited by the recent decisions of Mr Justice Leggatt in cases such as Yam Seng Pte Ltd v ITC Ltd. This conference brings together leading academics to explore the competing arguments, offering both an international […]

Larry DiMatteo, ‘Justice, Fault, and Efficiency in Contract Law’

Abstract: This article explores some of the core concepts that underlie contract law. It rejects the feasibility of a uniform theory of contract law including a critique of the economic analysis of contract law. The importance of efficient contract rules and efficient contracts is not disputed, but efficiency’s explanatory power is limited due to the […]