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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...
Persistent link: https://www.econbiz.de/10014213873
This chapter aims to stimulate a debate on the role played by lawyers in law and economics scholarship. It is argued that traditional legal scholarship is unfairly undervalued in the current law and economics movement. By using examples in English contract law, this chapter argues that lawyers...
Persistent link: https://www.econbiz.de/10012947100
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...
Persistent link: https://www.econbiz.de/10013065122
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...
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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...
Persistent link: https://www.econbiz.de/10012772059
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...
Persistent link: https://www.econbiz.de/10012715678
A dynamic bidirectional coupled model for watershed environment (E-DBCM), consisting of upland watershed module (UWSM) and 2D downstream waterbody module (DWBM), was developed. The computational domain was divided into upland watershed and downstream waterbody according to the water depth. The...
Persistent link: https://www.econbiz.de/10013297375
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