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Rethinking Contract Law and Contract Design - Rethinking Law Series 1 (Hardback)
  • Rethinking Contract Law and Contract Design - Rethinking Law Series 1 (Hardback)
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Rethinking Contract Law and Contract Design - Rethinking Law Series 1 (Hardback)

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£80.00
Hardback 304 Pages / Published: 27/02/2015
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Contract law allows parties to set their own rules within constraints. It provides a set of default rules and if the parties do not like them, they can change them. Rethinking Contract Law and Contract Design explores various long-standing contract doctrines, casting them in a new and compelling light by focusing on the economics of contractual relations. Building upon and extending the arguments set forth in his acclaimed book Framing Contract Law, Goldberg revisits many of the seminal contract cases and places those decisions under close scrutiny, challenging readers, by means of forensic exploration of records, briefs, and other materials, to reconsider their conclusions. 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. 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.

Publisher: Edward Elgar Publishing Ltd
ISBN: 9781783471539
Number of pages: 304
Dimensions: 156 x 234 mm


MEDIA REVIEWS
`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. The results are thoughtful and provocative. They leave the impression that the law might produce more efficient consequences if contractual liability were more restrictive. Contracts teachers may well teach these and other cases differently after reading Goldberg's chapters.' -- Steven J. 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'. Lawyers as well as academics on both sides of the Atlantic will welcome the important contribution made here to the ongoing debates which rage continually within this core area of the law.' -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

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Reviews

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Phillip Taylor MBE

“A radical rethink”

A CURRENT AND RADICAL RETHINK ON CONTRACT LAW: AN IMPORTANT CONTRIBUTION TO THE DEBATE

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Victor P. Goldberg, who writes this... More

Hardback edition
1 similar book recommended
3rd June 2015
Helpful? Upvote 5
Phillip Taylor MBE

“A radical rethink”

A CURRENT AND RADICAL RETHINK ON CONTRACT LAW: AN IMPORTANT CONTRIBUTION TO THE DEBATE

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Victor P. Goldberg, who writes this... More

Hardback edition
1 similar book recommended
3rd June 2015
Helpful? Upvote 3

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