Under common law, the standard remedy for breach of contract is expectation damages. Under continental law, the …

non-standard. We introduce the problem of the mechanism design literature into a public good experiment. Valuations for …

Under common law, the standard remedy for breach of contract is expectation damages. Under continental law, the …

non-standard. We introduce the problem of the mechanism design literature into a public good experiment. Valuations for …

non-standard. We introduce the problem of the mechanism design literature into a public good experiment. Valuations for …

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 so-called 'secondary rules' of construction relating to exclusions for …

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 perfect legal enforceability, the different alternative damage rules …

This article makes a comparative examination of the widening spectrum of cases in which both tort law and contract law … are employed, jointly or separately, to impose non-consensual liability on a contracting party. The article focuses on … liability imposed on a contracting party either toward another contracting party or toward a third party for failure to perform …

for breach of contract. Does the commonly expressed ‘presumption of recoupment' relating to expenditure incurred by the … claimant in performing, or preparing to perform, the contract impose the full legal burden or merely an evidential burden on … that the claimant expected or hoped to gain from performance of the contract? Does the presumption extend to all types of …

express or implied statutory rule, might require a party to contract with someone it does not want to. These cases involved … force a non-public party to enter into any contract. Only an Act of Parliament (it is accepted that an implication may be … sufficient) should force someone to contract with another person. Freedom of contract implies freedom not to contract. The …