Private Law Theory

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 that don’t fall neatly into single subjects like contract, tort, or property – for example, the economic torts and the interface between contract and restitution. In Privity’s Shadow: Exculpatory Terms in Extended Forms of Private Ordering, Professor Gergen brings his knowledge of the boundaries of these subjects to bear on a specific recurring pattern of problems: whether exculpatory terms in a contract should prevent a negligence action by a victim who wasn’t a party to the contract … (more)

[Shawn Bayern, JOTWELL, 13 June]

First posted 2017-06-14 05:12:51