inefficient property rules in IP cases. But as I show in this paper, they can - and do - contract around inefficient liability …In his influential paper “Contracting Into Liability Rules: Intellectual Property Rights and Collective Rights … contract away their right to an injunction when it is efficient for them to do so. The result was to cement for many the …

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 …

. With a discussion of different treatments to the concurrent liability of contractual fraud and contract breach in theory …

In their 1936 article, The Reliance Interest in Contract Damages: 1, Professor Lon Fuller and William Perdue, Jr …., developed a theory of contract damages based on the "reliance" interest - the interest in recovery of costs incurred in reliance …, Fuller and Perdue's theory of contract damages is not a helpful description of contemporary damage rules. This article is a …