منابع مشابه
Text and Context: Contract Interpretation as Contract Design
Contract interpretation remains the most important source of commercial litigation and the most contentious area of contemporary contract doctrine and scholarship. Two polar positions have competed for dominance in contract interpretation. In a textualist regime, generalist courts cannot consider context; in a contextualist regime, they must. Underlying this dispute are contrary assumptions abo...
متن کامل1 Text and Context : Contract Interpretation as Contract Design
Contract interpretation remains the most important source of commercial litigation and the most contentious area of contemporary contract doctrine and scholarship. Two polar positions have competed for dominance in contract interpretation. In a textualist regime, generalist courts cannot consider context; in a contextualist regime, they must. Underlying this dispute are contrary assumptions abo...
متن کاملThe Law and Economics of Contract Interpretation
Contract interpretation is an understudied topic in the economic analysis of contract law. This paper combines simple formal analysis of the tradeoffs involved in interpretation with applications to the principal doctrines of contract interpretation, including the “four corners” rule, mutual mistake, contra proferentum, and what I call the (informal but very important) rule of “extrinsic nonevi...
متن کاملClousot: Static Contract Checking with Abstract Interpretation
We present an overview of Clousot, our current tool to statically check CodeContracts. CodeContracts enable a compiler and languageindependent specification of Contracts (precondition, postconditions and object invariants). Clousot checks every method in isolation using an assume/guarantee reasoning: For each method under analysis Clousot assumes its precondition and asserts the postcondition. ...
متن کاملHow many neutrophils are enough (redux, redux)?
Many chemotherapeutic regimens produce neutropenia, which predisposes to microbial infection. However, not all neutropenic individuals develop infections, so the ability to predict this outcome would be a powerful clinical tool. In this issue of the JCI, Malka et al. describe a dynamic system model of neutrophil bactericidal activity that confirms and extends the concept of critical neutrophil ...
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ژورنال
عنوان ژورنال: SSRN Electronic Journal
سال: 2009
ISSN: 1556-5068
DOI: 10.2139/ssrn.1504223