This paper studies the design of optimal, privately-stipulated damages when breach of contract is possible at more than … contract at a time closer to when contract performance is due. Furthermore, it is shown that if the seller may be able to find …

"Rolling contracts" are one method of presenting standard forms to contracting parties, including consumers, who are … the focus of this paper. In a rolling contract, a purchaser orders goods and pays for them before seeing most of the terms … paper addresses the controversy over whether the new terms are part of the contract and enforceable against the purchaser …

This article makes a comparative examination of the widening spectrum of cases in which both tort law and contract law … an obligation that, on the one hand, is predicated on and arises from the contract, but, on the other hand, does not … this article is to propose general guidelines for either choosing between tort law and contract law when imposing non …

former, the aim of the regulation is to preserve the takeover transaction as a straightforward contract between acquirer and …

The term “liberty of contract” is usually associated with the doctrine that the due process clause of the United States … free-market advocates embrace the liberty of contract doctrine because they are averse to State interference with private … market transactions. But the term is ironic because a contract is only legally binding if courts will enforce it. Since …

After a contract is signed, contracting partners may engage in opportunistic behavior that circumvents the original … contract). We use an incomplete contracts approach to show that the anticipation and observability of such behavior are … conditions for the optimality of incomplete contracts, a simple characterization of the second-best contract, and some …

paradigm relation, i.e. a management contract. In this analysis we use MacNeil's norms model and we test in relation to twelve … unilateral and bilateral obligations of a standard management contract relation. We examine which norms and to what extent apply …