Category Archives: Contract

Brian Bix, ‘The Promise and Problems of Universal, General Theories of Contract Law’

Abstract There are a growing number of general theories of contract law and of other doctrinal areas. These theories are vastly ambitious in their aims. This article explores the nature of these claims, and the motivations for offering such theories, while considering the challenges to success. It is in the nature of theorizing to seek […]

Felix Maultzsch, ‘Contractual Liability of Online Platform Operators: European Proposals and Established Principles’

Abstract The contractual responsibility of online platform operators has been subject to an intensive debate in the recent past. While the platform operators usually seek the role of mere intermediaries without considerable liability for the proper performance of the main contracts, there is increasing support for a tightened responsibility of the operators. The ‘Discussion Draft […]

Review of Hanoch Dagan and Michael Heller, The Choice Theory of Contracts

Hanoch Dagan and Michael Heller, The Choice Theory of Contracts, Cambridge University Press, 2017, 180pp, $29.99 (pbk), ISBN 97801316501702. This book aims to provide a new approach to thinking about the role of contract law in a liberal state. The fundamental idea is that the law should affirmatively facilitate citizens’ autonomy by creating and sustaining […]

Cathy Hwang, ‘Deal Momentum’

Abstract Why do parties use non-binding agreements? This Article explores the role of nonbinding preliminary agreements in mergers and acquisitions (M&A) deals. It provides a modern, comprehensive account of how and why sophisticated parties use these common bargaining tools, even when they have the option of using binding contracts. In M&A deals, parties enter into […]

Eric Som, ‘Does the Law of Frustration of Contract Lack Any Principled Justification?’

Abstract The law of frustration is of significant interest to many legal scholars and practitioners. This interest is reflected in the sheer volume of writings on the topic. These writings typically oppose or support the doctrine. This paper takes the latter stance. Several principles have been advanced to justify the doctrine, such as the ‘implied […]

Adam Kramer, The Law of Contract Damages (2nd ed)

Written by Adam Kramer, a commercial barrister and academic, the second edition of the acclaimed The Law of Contract Damages is the most comprehensive and detailed treatment available of this important dispute resolution area. The first edition is regularly cited in the courts and academic literature, and this new edition has been substantially updated to […]

Mathilde Cohen, ‘Regulating Milk: Women and Cows in France and the United States’

Abstract Animal milk, most commonly cow’s milk, is one of the most heavily regulated commodities in both France and the United States. With the increasing popularity of breastfeeding and the possibility of pumping, freezing, and storing breast milk, a cottage industry has emerged for people wishing to buy, sell, or donate milk produced by humans. […]

‘“A Major New Move” in Contract Interpretation’

Omri Ben-Shahar and Lior Strahilevitz, Interpreting Contracts via Surveys and Experiments, University of Chicago Coase-Sandor Institute for Law and Economics Research Paper No 791 (2017), available at SSRN. Despite its practical importance, contract interpretation is the red-haired stepchild of the 1L classroom – the doctrine is infamously incoherent, rests on law/fact distinctions which even the […]

Margaret Byrne Sedgewick, ‘Transborder Data Privacy as Trade’

Abstract Data flows continuously across national boundaries. The current model of regulation for data privacy, an essential component for safe data flow, relies impractically on jurisdiction-specific rules. This practice impedes the benefits of data, which are increasingly a necessary and integral part of day-to-day life. A look at the history of data privacy reveals that […]

Krawiec and Liu, ‘Does Contract Law Need Morality?’

Abstract In The Dignity of Commerce, Nathan Oman sets out an ambitious market theory of contract, which he argues is a superior normative foundation for contract law than either the moralist or economic justifications that currently dominate contract theory. In doing so, he sets out a robust defense of commerce and the marketplace as contributing […]