Contract Theory and EU Contract Law

Contract Theory and Theories of Contract Regulation

This Essay considers the substantive and institutional aspects of an economic theory of contract regulation. It lists the various functions that analysts have assigned to contract regulation and briefly discusses the substantive wisdom and institutional feasibility of performing those functions. The essay tentatively concludes that the state should enforce contracts, supply vocabularies that ar...

Individual Rights and Contract: (Freedom and Reciprocity in Contract Law)

Fault in Contract Law

A promisor is strictly liable for breaching a contract, according to the standard account. However, a negligence-based system of contract law can be given an economic interpretation, and this Article shows that such a system is in some respects more attractive than the strict-liability system. This may explain why, as a brief discussion of cases shows, negligence ideas continue to play a role i...

Contract Theory

2 Hidden Information, Screening 4 2.1 The Simple Economics of Adverse Selection . . . . . . . . . . . . . . . . . . 4 2.1.1 First-Best Outcome: Perfect Price Discrimination . . . . . . . . . . . 6 2.1.1.1 Comparison of type-specific contracts with each other . . . . 6 2.1.1.2 In case it’s been too long since you’ve last done a maximization problem . . . . . . . . . . . . . . . . . . . . . . . ....

Contract Texts, Contract Teaching, Contract Law: Comment on Lawrence Cunningham, Contracts in the Real World

Lawrence Cunningham’s Contracts in the Real World offers a good starting place for necessary conversations about how contract law should be taught, and, more generally, for when and how cases—in summary form or in longer excerpts—are useful in teaching the law. This Article tries to offer some reasons for thinking that their prevalence may reflect important truths about contract law in particul...