‘The Battle of the Contracts Law Titans over the “Eisenberg Uncertainty Principle”’

“This is the eighth in a series of posts on Victor Goldberg’s work. Today’s post is about Chapters 11 of his book, Rethinking Contract Law and Contract Design (RCL). Links to related posts follow this one. In 2009, Mel Eisenberg published Impossibility, Impracticability, and Frustration, in which he made a sophisticated, nuanced, and carefully calibrated argument about when performance should be excused and what damages should be available in ‘unexpected circumstances cases’. Professor Goldberg thought Professor Eisenberg got it wrong …” (more)

[Jeremy Telman, ContractsProf Blog, 18 March]

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