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The Resource Rethinking contract law and contract design, Victor P. Goldberg, Jerome L. Greene Professor of Transactional law, Columbia University, USA

Rethinking contract law and contract design, Victor P. Goldberg, Jerome L. Greene Professor of Transactional law, Columbia University, USA

Label
Rethinking contract law and contract design
Title
Rethinking contract law and contract design
Statement of responsibility
Victor P. Goldberg, Jerome L. Greene Professor of Transactional law, Columbia University, USA
Creator
Contributor
Subject
Language
eng
Summary
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 doctrines, casting them in a new and compelling light by focusing on the economics of contractual relations. Building upon and extending the arguments set forth in his acclaimed book Framing Contract Law, Goldberg revisits many of the seminal contract cases and places those decisions under close scrutiny, challenging readers, by means of forensic exploration of records, briefs, and other materials, to reconsider their conclusions. Split into four parts, the author examines direct damages, consequential damages, the excuses doctrines (including impossibility, impracticability and frustration), and offer and acceptance. Asking the questions that often go unasked, and challenging the assumptions silently accepted by the majority, one of Goldberg's many insightful observations, and an underlying thread to the book, is that achieving an economic understanding of contract design will illuminate both contract doctrine and contract interpretation. Written with clarity and poise, Rethinking Contract Law and Contract Design is set to ignite plenty of debate amongst contract scholars and contract drafters, and provides the anvil upon which future generations of contract thinking can be forged. Contract scholars and students interested in exploring new perspectives on the topic will find this to be an essential read, as will contract lawyers and judges.--
Assigning source
Provided by Publisher
Cataloging source
BTCTA
http://library.link/vocab/creatorName
Goldberg, Victor P
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/relatedWorkOrContributorName
Edward Elgar Publishing
Series statement
Rethinking law
http://library.link/vocab/subjectName
  • Contracts
  • Contracts
Label
Rethinking contract law and contract design, Victor P. Goldberg, Jerome L. Greene Professor of Transactional law, Columbia University, USA
Instantiates
Publication
Bibliography note
Includes bibliographical references (pages 270-273) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Contents
1. Introduction PART I. Direct Damages 2. The Reliance-Flexibility Tradeoff 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 Foreseeability PART 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 Index
Control code
FIEb17675637
Dimensions
24 cm.
Extent
xiv, 286 pages
Isbn
9781783471539
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)902659888
Label
Rethinking contract law and contract design, Victor P. Goldberg, Jerome L. Greene Professor of Transactional law, Columbia University, USA
Publication
Bibliography note
Includes bibliographical references (pages 270-273) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Contents
1. Introduction PART I. Direct Damages 2. The Reliance-Flexibility Tradeoff 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 Foreseeability PART 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 Index
Control code
FIEb17675637
Dimensions
24 cm.
Extent
xiv, 286 pages
Isbn
9781783471539
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)902659888

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