[图书][B] Contract as promise: A theory of contractual obligation

C Fried - 2015 - books.google.com
Contract as Promise is a study of the philosophical foundations of contract law in which
Professor Fried effectively answers some of the most common assumptions about contract …

[图书][B] The choice theory of contracts

H Dagan, M Heller - 2017 - books.google.com
This concise landmark in law and jurisprudence offers the first coherent, liberal account of
contract law. The Choice Theory of Contracts answers the field's most pressing questions …

The Shadows of Litigation Finance

S Bedi, WC Marra - Vand. L. Rev., 2021 - HeinOnline
Imagine you supply innovative parts to the world's largest construction equipment maker.
During a decades-long business relationship, you share your trade secrets under a …

Damages versus specific performance: lessons from commercial contracts

T Eisenberg, GP Miller - Journal of Empirical Legal Studies, 2015 - Wiley Online Library
Specific performance is a central contractual remedy but, in A nglo‐A merican law, generally
is subordinate to damages. Despite rich theoretical discussions of specific performance, little …

" Lipstick on a Pig": Specific Performance Clauses in Action

T Arnold, A Dixon, H Tanne, MW Sherrill, M Gulati - Wis. L. Rev., 2021 - HeinOnline
The common wisdom surrounding specific performance in US contract law is that it is
disfavored. 1 Instead, the favored remedy for contract breach is money damages …

[图书][B] Freedom of contract and paternalism: prospects and limits of an economic approach

P Cserne - 2012 - books.google.com
A theoretical discussion and internal critique of mainstream law and economics scholarship,
especially as it approaches the issue of paternalism. Cserne discusses how, and to what …

Contract as promise thirty years on

C Fried - Suffolk UL Rev., 2011 - HeinOnline
At the time Contract as PromiseI was written, there were two views of the subject in the field:
a traditional, doctrinal and not particularly theorized view that saw contract as the law's way …

The Equipoise Effect

BI Huang - Colum. L. Rev., 2016 - HeinOnline
Would more polluters be deterred if they might be forced to dis-gorge their gains rather than
pay damages based on harm? Would fewer promises be broken if contract breach might …

De-Gentrified Black Genius: Blockchain, Copyright, and the Disintermediation of Creativity

TM Evans - Pepp. L. Rev., 2022 - HeinOnline
In a 2016 acceptance speech during the Black Entertainment Television (BET) Awards, actor
and activist Jesse Williams used the phrase" gentrifying our genius" to refer to the insidious …

[图书][B] Philosophical foundations of contract law

G Klass, G Letsas, P Saprai - 2014 - books.google.com
In recent years there has been a revival of interest in the philosophical study of contract law.
In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and …