Rethinking Contract Law and Contract Design (Rethinking Law Series, #1)
| Author | : | |
| Rating | : | 4.58 (792 Votes) |
| Asin | : | 1785368672 |
| Format Type | : | paperback |
| Number of Pages | : | 304 Pages |
| Publish Date | : | 2016-05-30 |
| Language | : | English |
DESCRIPTION:
A radical rethink Phillip Taylor MBE A CURRENT AND RADICAL RETHINK ON CONTRACT LAW: AN IMPORTANT CONTRIBUTION TO THE DEBATEAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersVictor P. Goldberg, who writes this book, is Jerome L. Greene Professor of Transactional Law at Columbia University. His observations on contract law, which he generally approaches from an economic perspective – are meticulously argued and more often than not, radical.How appropriate then, that this volume has been included as one of the latest titles in Edward Elgar’s ‘Rethinking Law’ series. Contract doctrines, which most
Split into four parts, the author examines direct damages, consequential damages, the excuses doctrines (including impossibility, impracticability and frustration), and offer and acceptance.Asking the questions that often go unasked, and challenging the assumptions silently accepted by the majority, one of Goldberg's many insightful observations, and an underlying thread to the book, is that achieving an economic understanding of contract design will illuminate both contract doctrine and contract interpretation.Written with clarity and poise, Rethinking Contract Law and Contract Design is set to ignite plenty of debate amongst contract scholars and contract drafters, and provides the anvil upon which future generations of contract thinking can be forged. They leave the impression that the law might produce more efficient consequences if contractual liability were more restrictive. Contract scholars and students interested in exploring new perspectives on the topic will find this to be an essential read, as will contract lawyers and judges.. Burton, The University of Iowa, US'This book offers valuable insights and new perspectives on the often thorny problems of contract law as it can - and does - affect 'sophisticated parties'. Contracts teachers may well teach these and other cases differently after reading
Burton, The University of Iowa, US . The results are thoughtful and provocative. 'In this volume, Victor Goldberg reassesses a collection of key contract law doctrines, largely through original economic analyses of well-known cases involving sophisticated parties. Contracts teachers may well teach these and other cases differently after reading Goldberg's essays.' - Steven J. They leave the impression that the law might produce more efficient consequences if contractual liability were more restrictive
Victor P. Goldberg, Jerome L. Greene Professor of Transactional Law, Columbia University, US