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...

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...

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...

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...

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...

The key economic issues in implementing the law of unilateral mistake are twofold. First, it should avoid misallocation of resources; second, it ought to create a sufficient incentive for acquisition of information. However, the rule of unilateral mistake in English contract law does not serve...

The law-and-economics movement has made a huge impact on the scholarship of contract law in the US. But compared to their US counterparts, English legal scholars are less enthusiastic about adopting the economic approach in their research. Existing studies have rarely, from an economic...