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The remedy of damages for repudiation modifies not only the parties’ behaviour after the contract is repudiated (ex post behaviour), but also their behaviour in making and performing the contract (ex ante behaviour). In this paper, a law-and-economics approach is adopted to analyse the House...
Persistent link: https://www.econbiz.de/10014199732
This paper applies a law-and-economics approach to the study of legal remedies for unconscionable contracts, intending to develop a theoretical framework for the private law remedies in relation to the doctrine of unconscionability. It examines how the different legal remedies will modify a...
Persistent link: https://www.econbiz.de/10014213873
This Chapter argues that the current harmonisation of European contract law will eventually fail. Supporters of the harmonisation suggest that the divergence in national contract laws not only generates unnecessary costs for cross-border trade, but also undermines fair competition in the...
Persistent link: https://www.econbiz.de/10014164408
This paper questions the effectiveness of Article 17 of the Commercial Agent (Council Directive) Regulation 1993 (hereafter referred to as Article 17), which aims to benefit the commercial agent by forcing the principal to make a mandatory end payment to the agent on termination of the contract....
Persistent link: https://www.econbiz.de/10014164409
This chapter aims to stimulate a debate on the role played by lawyers in law and economics scholarship. It is argued that traditional legal scholarship is unfairly undervalued in the current law and economics movement. By using examples in English contract law, this chapter argues that lawyers...
Persistent link: https://www.econbiz.de/10012947100
In this paper, we use the TVP-VAR model to examine volatility connectedness among four cryptocurrencies and four China’s financial assets in static and dynamic scenarios from January 1, 2014 to August 29, 2022. We find that the dynamic total connectedness of the system consisting of...
Persistent link: https://www.econbiz.de/10013491780
This paper illustrates the regulatory limits of the mandatory rule in contract law by undertaking an economic analysis of Article 17 of Commercial Agent (Council Directive) Regulation 1993, which aims to benefit the commercial agent by forcing the principal to make a mandatory end payment to the...
Persistent link: https://www.econbiz.de/10013065122
This paper aims to answer the question why so many international traders choose English Sales Law instead of the CISG to govern their transactions.Through a comparison of the CISG and English Sales Law, this paper articulates the major competitive disadvantages of the CISG, and then suggests...
Persistent link: https://www.econbiz.de/10013067310
This is the lecture text which I was invited to given at the University of Tasmania. My aim in this lecture is to offer some general observations on what insights law and economics, which is also known as the economic analysis of law, can offer us into contract law. I argue that despite some...
Persistent link: https://www.econbiz.de/10013069596
Natural disasters frequently occur in China, leading to substantial direct economic losses in various sectors and significant indirect losses that spread through the interregional supply chain network. The agricultural sector is particularly vulnerable to disaster response, emphasizing the...
Persistent link: https://www.econbiz.de/10014360575