This Article argues that lawmakers ought to recategorize inheritance law and contracts law as cognate bodies of doctrine within a larger genus of transfers law. The Article proceeds to examine comparatively the justifications for freedom of contracts and freedom of testation, concluding that...

The conventional wisdom is that property rules induce more (and more efficient) contracting, and that when faced with rigid property rules, intellectual property owners will contract into more flexible liability rules. A series of recent, private copyright deals show some intellectual property...

This article proposes relational contract as a model for analyzing marriage under Canadian law. In contrast, in Bracklow v. Bracklow, the Supreme Court of Canada recognized two "competing" models of marriage and three models of spousal support. The difficult policy issues in the law of spousal...

Do you ask for contract or purchase terms prior to completing your everyday purchases? Do you first read the pizza box before paying the pizza delivery guy or gal? Typical consumers do not ask for or read their contracts prepurchase, and companies have become accustomed to burying purchase terms...

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...

What is the relationship between contract and fiduciary obligations? In this paper I aim to show that they are distinct juridical concepts. However, I will also explain what I understand to be the best understanding of the relationship between these two different concepts. They are distinct but...

The defendant's breach of contract may lead the claimant to compromise a claim by, or against, a third party. Biggin & Co Ltd v Permanite Ltd is the root of modern authority on the recovery of damages for losses under settlements. The theme developed in this article is that later cases have not...

In at least two decisions the New Zealand Court of Appeal has countenanced that the common law, independently of any express or implied statutory rule, might require a party to contract with someone it does not want to. These cases involved private sporting bodies, but the supposed principle...

This short chapter, written for The New Palgrave Dictionary of Economics and the Law (1998), offers an economic analysis of quasi contracts, in their broad, civil-law definition. All quasi-contractual exchanges can be seen as coerced transactions between private parties, either in the form of...

This essay studies the availability of market-based damages for breach of contract as a substitute for standard expectation damages in the law of international sales. It focuses on two major contractual regimes: the UN convention on Contracts for the International Sales of Goods, 1980 (CISG) and...