Category Archives: Contract

Joanne Braithwaite, ‘Springwell-watch: New Insights into the Nature of Contractual Estoppel’

Abstract: Over the last ten years, the emergence of contractual estoppel has been catalysed by litigation between sophisticated participants in the financial markets. Pending a Supreme Court decision, the principal authority remains the Court of Appeal’s 2010 decision in Springwell Navigation Corp v JP Morgan Chase Bank (‘Springwell’). It would be wrong, however, to think […]

Julie Cohen, ‘Property and the Construction of the Information Economy: A Neo-Polanyian Ontology’

Abstract: This chapter considers the changing roles and forms of information property within the political economy of informational capitalism. I begin with an overview of the principal methods used in law and in media and communications studies, respectively, to study information property, considering both what each disciplinary cluster traditionally has emphasized and newer, hybrid directions. […]

Liana Teodora Pascariu, ‘The Opportunity of a European Administrative Contract Law’

Abstract: There was a tendency in the past few years, particularly in Europe, to harmonize and conceptualize in a common way the rules referring to the coming out, alteration, execution or termination of contracts, which could ultimately lead to the emergence of a new branch of European Union law, the contract law. This vision has […]

Judith Younger, ‘Lovers’ Contracts in the Courts: Forsaking the Minimum Decencies’

Abstract: People in intimate relationships – spouses or lovers, prospective spouses or lovers – make all kinds of promises to each other. This article focuses on those promises that deal with the financial details of the couples’ break-up, whether by death of one of them or ‘divorce’. The courts’ treatment of these promises in leaves […]

Tim Dornis, ‘The Doctrines of Contract and Negotiorum Gestio in European Private Law: Quest for Structure in a No Man’s Land of Legal Reasoning’

Abstract: The field of negotiorum gestio is perplexing. In civil law, its doctrinal, policy, and economic foundations are far from clear. In common law, the concept even seems to be inexistent. Nevertheless, in common-law as under civil-law doctrine, certain situations of intervention in another’s affairs are acknowledged as establishing claims of an intervening party against […]

Blocher and Gulati, ‘Markets and Sovereignty’

Abstract: The past few decades have witnessed the growth of an exciting debate in the legal academy about the tensions between economic pressures to commodify and philosophical commitments to the market inalienability of certain items. Sex, organs, babies, and college athletics are among the many topics that have received attention. The debates often have proceeded, […]

Luke Herrine, ‘Liberal Contract Theory and Actually Existing Contracts’

Abstract: Most contemporary contract theory views contract through the lens of what Charles Fried called ‘the liberal ideal’: a consensual exchanges of commitments to future behavior between autonomous agents. These ideal theories run into serious problem in application. It has been pointed out over and over again that most terms of most contracts that most […]

Nicola Lacetera, ‘Incentives and Ethics in the Economics of Body Parts’

Abstract: Research shows that properly devised economic incentives increase the supply of blood without hampering its safety; similar effects may be expected also for other body parts such as bone marrow and organs. These positive effects alone, however, do not necessarily justify the introduction of payments for supplying body parts, because these activities concern contested […]

Bar-Gill and Porat, ‘Disclosure Rules in Contract Law’

Abstract: How does the prospect of sale affect the seller’s incentive to investigate — to acquire socially valuable information about the asset? How do the disclosure rules of contract law influence the investigation decision? Shavell (1994) showed that, if sellers and buyers are symmetrically informed, at the pre-investigation stage, then a mandatory disclosure rule leads […]

‘Gaps and Shadows in the Common Law’

Mark P Gergen, Privity’s Shadow: Exculpatory Terms in Extended Forms of Private Ordering, 43 Florida State University Law Review 1 (2015). It’s hard to think of anyone who analyzes the interstices of the common law better than Mark Gergen, an expert in an almost improbable number of legal fields. By interstices, I mean the spaces […]