Overview

Rethinking Contract Law and Contract Design explores various long-standing contract doctrines, casting them in a new and compelling light by focusing on the economics of contractual relations.

Full Product Details

Author:   Victor P. Goldberg
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Volume:   1
ISBN:  

9781785368677

ISBN 10:   1785368672
Pages:   304
Publication Date:   26 February 2016
Audience:   College/higher education ,  Professional and scholarly ,  Postgraduate, Research & Scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: 1. Introduction PART I. Direct Damages 2. The Reliance-Flexibility Tradeoff and Remedies for Breach 3. Assessing Damages: Now or Then? 4. The Lost Volume Seller Problem and Why Michael Jordan Wasn't One 5. Six Pennies for Your Thoughts: Freund v. Washington Square Press 6. Freund Through the Looking Glass: Chodos v. West Publishing Co. 7. Cleaning Up Lake River PART II. Consequential Damages 8. The tacit assumption and consequential damages 9. Buffalo's Field of Dreams: Kenford Company v. Erie County 10. The Achilleas: Forsaking Foreseeability PART III. Excuse and Changed Circumstances 11. Excuse Doctrine: The Eisenberg Uncertainty Principle 12. After Frustration: Three Cheers for Chandler v Webster 13. A Precedent Built on Sand: NorCon v. Niagara Mohawk PART IV. Offer and Acceptance 14. Brown v. Cara, the Type II Preliminary Agreement, and the Option to Unbundle 15. Traynor (Drennan) v Hand (Baird): Much Ado About (Almost) Nothing 16. Concluding Remarks Index

Reviews

'In this volume, Victor Goldberg reassesses a collection of key contract law doctrines, largely through original economic analyses of well-known cases involving sophisticated parties. The results are thoughtful and provocative. They leave the impression that the law might produce more efficient consequences if contractual liability were more restrictive. Contracts teachers may well teach these and other cases differently after reading Goldberg's chapters.' -- Steven J. Burton, The University of Iowa, US 'This book offers valuable insights and new perspectives on the often thorny problems of contract law as it can - and does - affect 'sophisticated parties'. Lawyers as well as academics on both sides of the Atlantic will welcome the important contribution made here to the ongoing debates which rage continually within this core area of the law.' -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

Author Information

Victor P. Goldberg, Jerome L. Greene Professor Emeritus of Transactional Law, Columbia University, US

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