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The Buyer's Right to Avoid the Contract in International Sales

Yovel, Jonathan - 2014

contract for breach of contract by the seller.Avoidance (or ldquo;terminationrdquo;) of the contract is the most extreme … measure a party may take in response to a breach of contract. Avoidance excuses any future performance, except for contractual … transactions, avoidance of the contract may create extreme hardship and costs for both the defaulting and the aggrieved party. This …

Persistent link: https://www.econbiz.de/10012752243

The Exculpation of Repudiating Parties by a Right to Terminate the Contract

Harder, Sirko - 2010

Many contracts provide for a right of one or all parties to terminate the contract either at any time or under certain … contract by giving notice. Where a contracting party exercises a right to terminate the contract, neither party has a claim … with regard to future performance. Where a contracting party purports to terminate the contract without fulfilling the …

Persistent link: https://www.econbiz.de/10014194536

Public Interest Damages

Janeček, Václav - 2020

This article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to...

Persistent link: https://www.econbiz.de/10012843998

Thorner v Major (2009) : Proprietary Estoppel and Inheritance

Mee, John - 2020

This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...

Persistent link: https://www.econbiz.de/10012826375

Bound by Bias? Franchisees' Cognitive Biases

Emerson, Robert W. - 2019

Cognitive biases play a fundamental part in franchisor-franchisee deal making. Ordinarily, franchisors have more power and information than do franchisees. The disparity between these parties is often exacerbated by the franchisees' psychological dispositions. Are franchisees biased or...

Persistent link: https://www.econbiz.de/10012865812

Duress in Contracts : An Economic Analysis

Cserne, Péter - 2011

This paper is forthcoming as a chapter in Contract Law and Economics, ed. Gerrit de Geest (Cheltenham: Elgar 2009 …

Persistent link: https://www.econbiz.de/10014201611

Consideration for a Price : Using the Contract Price to Interpret Ambiguous Contract Terms

Smythe, Donald J. - 2015

Most contract cases involve disputes about the interpretation of the contracts. There is a voluminous law and economics … literature on contract interpretation, but ironically, it does not address whether and how the contract term that is usually of … most interest to economists – the contract price – might be used to interpret other ambiguous contract terms. This is no …

Persistent link: https://www.econbiz.de/10014159572

Protecting Individual Self-Interest in Aggregate as the Basis of Fairness in Contract

Marinett, Matthew - 2019

Despite the existence of a near consensus on most of the specifics of common law contract law, there remains a great … deal of uncertainty about how doctrines of contractual fairness are to be applied to excuse a party from a contract, and no … contract is unfair, we must first determine why contract is enforced at all. The exceptions to contractual enforcement can then …

Persistent link: https://www.econbiz.de/10014118949

Not My Doctrine? Finding a Contract Law Explanation for Non Est Factum

Connell, Simon - 2018

contract law thinking. I argue that there is, and explain non est factum as an application of the objective principle set out …

Persistent link: https://www.econbiz.de/10012916871

Freedom of Contract and Paternalism : Prospects and Limits of an Economic Approach (excerpt)

Cserne, Péter - 2013

This is an excerpt of my book "Freedom of Contract and Paternalism: Prospects and Limits of an Economic Approach … terminology, analytical methods and empirical findings of behavioral economics. "Freedom of Contract and Paternalism" offers a … at contract regulation in various jurisdictions as a specially controversial field, it discusses whether and how economic …

Persistent link: https://www.econbiz.de/10013085041