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Rethinking the Law of Contract Damages
In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.
Rethinking Contract Law and Contract Design
Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doc
Framing Contract Law
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).
Contract Law and Social Morality
A concise and readable guide to reasoning about the source and content of contractual obligations when disagreements arise.
Deregulatory Takings and the Regulatory Contract
This 1998 book addresses deregulatory policies termed 'deregulatory takings' that threaten private property in network industries without compensation.
Rethinking Contract Law and Contract Design
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.
Handbook of New Institutional Economics
New Institutional Economics (NIE) has skyrocketed in scope and influence over the last three decades. This first Handbook of NIE provides a unique and timely overview of recent developments and broad orientations. Contributions analyse the domain and perspectives of NIE; sections on legal institutions, political institutions, transaction cost economics, governance, contracting, institutional change, and more capture NIE's interdisciplinary nature. This Handbook will be of interest to economists, political scientists, legal scholars, management specialists, sociologists, and others wishing to learn more about this important subject and gain insight into progress made by institutionalists from other disciplines. This compendium of analyses by some of the foremost NIE specialists, including Ronald Coase, Douglass North, Elinor Ostrom, and Oliver Williamson, gives students and new researchers an introduction to the topic and offers established scholars a reference book for their research.
Coordination and Information
Case studies that examine how firms coordinate economic activity in the face of asymmetric information—information not equally available to all parties—are the focus of this volume. In an ideal world, the market would be the optimal provider of coordination, but in the real world of incomplete information, some activities are better coordinated in other ways. Divided into three parts, this book addresses coordination within firms, at the borders of firms, and outside firms, providing a picture of the overall incidence and logic of economic coordination. The case studies—drawn from the late nineteenth and early twentieth century, when the modern business enterprise was evolving, address...
The Political Spectrum
Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction: Magic and Cacophony -- PART ONE: WELCOME TO THE JUNGLE -- 1 Dances with Regulators -- 2 Etheric Bedlam -- 3 Protection by Subtraction -- 4 Myth Calculation -- 5 Eureka-nomics -- PART TWO: SILENCE OF THE ENTRANTS -- 6 The Death of DuMont -- 7 "Thank God for C-SPAN!"--8 Lost in Space -- 9 Baptists, Bootleggers, and LPFM -- PART THREE: ADVENTURES IN CONTENT REGULATION -- 10 Orwell's Revenge: The Fairness Doctrine -- 11 Must Carry This, Shall Not Carry That -- 12 Indecent Exposure -- PART FOUR: SLOUCHING TOWARD FREEDOM -- 13 The Thirty Years' War -- 14 Deal of the Decade -- 15 The Toaster Tsunami -- 16 Dirigiste Backlash -- 17 What Would Coase Do? -- 18 Hoarders Anonymous -- PART FIVE: BEYOND -- 19 The Abolitionists -- 20 Spectrum Policy as if the Future Mattered -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- X -- Y -- Z
Contract Law and Economics
This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: precontractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed. This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.
