Category Archives: Contract

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? Research has shown that if sellers and buyers are symmetrically informed at the preinvestigation stage, then a mandatory disclosure rule leads […]

James Gordley, ‘Peter Gerhart on Good Faith: Following a Trail of Breadcrumbs’

“Virtually every state recognizes that the parties to a contract are under a duty to act in good faith. According to the Restatement (Second) of Contracts: ‘Every contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement’. Scholars who have tried to explain that duty have […]

Mark Gergen, ‘Gerhart and Private Law’s Melody of Reasonableness’

“… This paper will argue Gerhart largely achieves the goals he set out for himself when he began this project over a decade ago, and that in doing so he captures a melody of reasonableness that runs through much of private law. Gerhart’s goal was to provide a unified account of ‘how we think about’ […]

‘Revisiting “Good and Valuable Consideration”’

“In 2015 I did this post about the phrase good and valuable consideration. Well, I underestimated how stoopid it is. Here’s an example of a traditional recital of consideration: ‘NOW, THEREFORE, in consideration of the premises and the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of […]

Susan Chesler, ‘Using Private Law as a Vehicle for Social Change: A Feminist Approach’

ABSTRACT Even though contracts are so embedded in individuals’ personal and professional lives, rarely (if ever) do we think of contracts as being a vehicle for social change. To effect legal change that addresses societal injustices, we generally rely on our legislative bodies and common law system. In this essay, I argue that private law […]

Jiang and Von Appen, ‘The New Validity Rules in Chinese Civil Code and Chinese State-owned Enterprises’ Freedom in Contracting: One Step too Far’

ABSTRACT Upon the enactment of Chinese Civil Code, the previous rules that allowed for enlarged state power to annul contracts such as General Principles of Civil Law article 58 §3 and Contract Law article 52 §1-§2 were dropped. Chinese law has gone one step further in promoting freedom of contract. The validity rules now have […]

‘Court of Appeal refuses injunction to enforce 12 month non-compete covenant’

“In Planon v Gilligan [2022] EWCA Civ 642 the Court of Appeal refused to grant an injunction to enforce a 12-month non-compete covenant that had only four months left to run by the time of the appellate hearing. At first instance the Judge (Edwin Johnson J) had refused to grant an injunction only two months […]

Suri and Wróbel, ‘Identifying factors affecting salvage rewards of crewless vessels – lessons from a case study’

ABSTRACT The disruptive technology which is proposed to allow for unmanned or autonomous operations has garnered attention both on land and at sea. The lack of a crew on board poses interesting and complex challenges for the operations of sea-going vessels. Our study dwells into one such challenge, i.e. the issue of determining a salvage […]

Momberg Uribe and Vidal Olivares, ‘Economic limits to contractual performance: from hardship to the excessive costs of specific performance’

ABSTRACT This article analyses two different limits to specific performance of contracts: hardship and excessive or unreasonable costs, looking into their conditions, scope of application, and effects, with the aim of outlining their corresponding field of application, intending to solve the current confusions on the subject. € Rodrigo Momberg Uribe and Álvaro Vidal Olivares, Economic […]

‘Can Blockchain Arbitration become a proper “International Arbitration”? Jurors vs arbitrators’

“There is no doubt that the use of emerging technologies has impacted the international arbitration arena. This tech revolution was unprecedently accelerated by the 2020 pandemic whilst national States’ borders were closed, and travel activity diminished (if not directly forbidden by some States). The increase of the application of the Blockchain technology in commercial contracts […]