This paper will explore the efficacy of contractual exclusions of obligations of care or liability for negligence. It will begin by setting out some fundamental principles of construction of exclusive clauses affecting the tort liability of the parties to the contract. It will then turn to...

Consumer contracts diverge from the traditional paradigm of contract law in various conspicuous ways. They are pre-drafted by one party; they cannot be altered or negotiated; they are executed between unfamiliar contracting parties unequal in their market power and sophistication; they are offered...

The combination of cost-cutting pressures and technology advances are triggering a major transformation of the core practices of business law. Developments in automated contract drafting and management have spurred the entry of low-cost competition, beginning with the production of standardized...

Are corporate charters and bylaws contracts? What is the scope or subject matter of the corporate contract? Is access to litigation part of the bundle of rights that shareholders purchase when they buy shares in a corporation? This book chapter, “Litigation Rights and the Corporate...

This paper presents a comprehensive literature review of relational contracts theory. The major focus of the paper is on the legal aspect of relational contracts theory and mainly on MacNeil work, especially referring to contractual and relational norms. However, we do not neglect the impact of...

This paper presents management contracts (contracts under which corporate management is assigned to another company) as relational contracts, i.e. contracts to which relational contracts theory may apply and explain their character and specific features.We present the key concept and benefits...

This paper presents an application of the relational contracts theory and specifically of the theory of norms to a 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...

In this study the author examines the two types of procedures of having a contract terminated: by giving notice to the other party or by filing a legal action against the other party and obtaining a judgment by which termination is ordered. Termination of a contract by a judge has deep...

This paper concerns companies that sell commodities and are in their initial stages of formation and growth. Such companies will often face severe difficulties due to the banking system's unwillingness to finance their activities before they are able to develop sufficient credit histories. When...

In this paper, we report the results of a detailed survey of the standard contracts for 40 major cloud computing services, including Amazon Web Services, Google Cloud, and Microsoft Azure. We cover a broad range of contractual issues, including clauses dealing with choice of law, termination,...