Monthly Archives: December, 2013

Jennifer Taub, ‘Unpopular Contracts and Why They Matter: Burying Langdell and Enlivening Students’

Abstract: Consider this. Over three years of study, most law students take a single course on the subject of contracts in which they rarely (if ever) negotiate, draft, or even review a written agreement. Truly. Actual contracts are quite unpopular. To illustrate what is wrong with this, it may be helpful to imagine a realm […]

Paul Babie, ‘Sovereignty as Governance: An Organising Theme for Australian Property Law’

Abstract: Perhaps the best-known and most succinct, but most misrepresented statement of the meaning of property comes from Sir William Blackstone’s Second Book of the Commentaries on the Laws of England: ‘There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property; or that sole and […]

Yun-chien Chang, ‘The Economy of Concept and Possession’

Abstract: The concept of possession has been debated at least since the mid-19th century, but to date scholars still do not have a consensus on how to define it. Civil codes in the European Continent and East Asia are also divided over how possession is delineated. Some countries distinguish possession and detention, whereas others use […]

Andrew Gold, ‘The Loyalties of Fiduciary Law’

Abstract: Fiduciary theorists broadly agree that a duty of loyalty is fundamental to fiduciary relationships. They do not agree on a core minimum content of fiduciary loyalty. Some think that loyalty at the least requires the avoidance of conflicts of interest (and perhaps also conflicts of duties). Others think that loyalty requires a fiduciary to […]

Print Symposium: Contracts in the Real World: Examining Modern Contracts Pedagogy

Washington Law Review | Volume 88 | Number 4 | December 2013 The Perspective of Law on Contract Aditi Bagchi Contract Texts, Contract Teaching, Contract Law: Comment on Lawrence Cunningham, Contracts in the Real World Brian H. Bix Reflections on Contracts in the Real World: History, Currency, Context, and Other Values Lawrence A. Cunningham Contract […]

Ederer and Stremitzer, ‘Promises and Expectations’

Abstract: We investigate why people keep their promises in the absence of external enforcement mechanisms and reputational effects. In a controlled economic laboratory experiment we show that exogenous variation of second-order expectations (promisors’ expectations about promisees’ expectations that the promise will be kept) leads to a significant change in promisor behavior. We document for the […]

Hugo Cyr et Francois Chevrette, ‘Droit privé: Un abus de langage?’

Résumé: Notre propos n’a rien de linguistique ni de terminologique : il vise plutôt à montrer le caractère essentiellement social et relationnel de la règle de droit civil. Le droit civil contemporain se construit principalement sous la forme juridique relationnelle droit/obligation ou créancier/débiteur, forme conçue comme moyen de prémunir les sujets de droit contre les […]

Robert Sitkoff, ‘An Economic Theory of Fiduciary Law’

Abstract: This chapter restates the economic theory of fiduciary law, making several fresh contributions. First, it elaborates on earlier work by clarifying the agency problem that is at the core of all fiduciary relationships. In consequence of this common economic structure, there is a common doctrinal structure that cuts across the application of fiduciary principles […]

Matt Lady, ‘Australian Property Conceptions and Resource Titles’

Abstract: Conceptions of property and their relation with statutory resource titles is an area ripe for dispute. Differing conceptions of property by judges, the legal profession and industry are common. Often, the legislative language of statutory resource titles does not clearly express their legal nature. When these meet, uncertainties of the rights associated with these […]

Vincent Forray, ‘Property Structures Underlying Contract’

Abstract: This paper attempts to show that, among the main conceptions of contract in civilian legal traditions, some of them remain ideologically grounded on a proprietary concept that cannot be reduced to the right of property, legally speaking. This proposal starts with the observation that in contract law, there are some rules, some interpretations, some […]