Framing Contract Law: An Economic Perspective

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Harvard University Press, 2006 - Business & Economics - 411 pages
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The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).

 

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Contents

I
1
II
9
III
13
IV
37
V
43
VI
74
VII
91
VIII
99
XVI
225
XVII
233
XVIII
243
XIX
245
XX
279
XXI
310
XXII
313
XXIII
325

IX
101
X
142
XI
162
XII
189
XIII
203
XIV
207
XV
219
XXIV
327
XXV
333
XXVI
348
XXVII
370
XXVIII
376
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About the author (2006)

Victor Goldberg is Jerome L. Greene Professor of Transactional Law at Columbia Law School.

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