While various liability rules of tort law provide efficient incentives to invest, breach remedies of contract law are claimed to be distortive. Since, at least in Germany, obligations law provides general rules for both contractual and tort relationships such discrepancy seems puzzling. The...

This study models producer protection legislation that would grant growers the right to claim damages (PPLD) if their contracts are prematurely terminated. In the absence of contracting frictions that prevent contractors from redesigning contracts to accommodate exogenous policy changes, PPLD...

In seinem Kommentar befasst sich Markus C. Kerber, Technische Universität Berlin, mit den haftungsrechtlichen Folgen eines Grexit, die Parameter der gegenwärtigen Verhandlungen sind.

Parties often exchange promises of future performance with one another. Legal systems frame and regulate contracts involving the exchange of bilateral promises of future performance differently from one another. Two conceptual and practical questions often arise in these bilateral situations....

One of the most fundamental issues every legal system must address is the form of protection that should be given to legal entitlements. Calabresi & Melamed offered a simple, elegant criterion for choosing between property rules and liability rules, namely transaction costs. Property rules...

Written by a leading expert in copyright valuation, the paper reviews critical considerations for estimating damages in litigation regarding musical compositions and sound recordings. These valuations can also be related to matters involving breach of contract, tortuous interference, personal...

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...

Recent litigation seeking damages for the environmental and economic effects of global warming is targeting alleged producers of anthropogenic, atmospheric carbon dioxide. These defendants will inevitably seek coverage for the costs of litigation and any resulting judgments under their...

This paper develops a game-theoretic model of a contract between a creditor and a debtor where equilibrium depends on the damage rule chosen for breach-of-contract situations, the use of impossibility-of-performance excuses and the level of legal contract enforceability. We find that, under...

A considerable amount of literature has been published on Creative Commons (CC) licensing. There are many short articles which concisely discuss the array of problems that can arise when releasing a work under a CC licence. This paper, on the other hand, aims to provide a thorough and critical...