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Rethinking contract law and contract design / Victor P. Goldberg.
- Format:
- Book
- Author/Creator:
- Goldberg, Victor P., author.
- Series:
- Rethinking Law series
- Rethinking Law
- Language:
- English
- Subjects (All):
- Contracts.
- Contracts--Economic aspects.
- Physical Description:
- 1 online resource (300 p.)
- Place of Publication:
- Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, 2015.
- Language Note:
- English
- Summary:
- Rethinking Contract Law and Contract Design presents a rich array of ideas that reassess the law and economics of contractual relations. Victor P. Goldberg uses a transactional framework to critically analyse and re-evaluate contract doctrine and specific legal cases. This important work examines particular contractual precepts whilst conducting a detailed exercise in legal archaeology, challenging readers to reconsider significant legal decisions by forensic exploration of records, briefs, and other materials, including the staple cases of textbooks and casebooks.
- Contents:
- Cover; Copyright; Contents; Acknowledgments; Table of cases; 1. Introduction; PART I Direct damages; 2. The reliance-flexibility trade off 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 foreseeabilityPART 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; Bibliography; Index
- Notes:
- Description based upon print version of record.
- Includes bibliographical references and index.
- Description based on print version record.
- ISBN:
- 1-78347-154-9
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