Topic
Contracts and Commercial Law
Posts
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ArticleVol. 103 · Iss. 3
Consumer Agents
In the twenty-first-century economy, individuals need market help that they are not getting. The technology has long existed for a browser plug-in that would…
Rory Van Loo -
ArticleVol. 102 · Iss. 5
Accidental Arbitration
The Supreme Court’s muscular interpretation of the Federal Arbitration Act (FAA) has encouraged businesses to insert arbitration clauses in untold millions of contracts. This…
David Horton -
CommentaryVol. 102 · Iss. 2
Consequential Damages Clauses: Alien Vomit Or Intelligent Design?
Hadley v. Baxendale, 9 Exch. 341 (1854), is an old British case commonly taught in first-year contracts classes. The case sets out a limitation…
Tara Chowdhury, Faith Chudkowski, Amanda Dixon, Rishabh Sharma, Madison Sherrill, Hadar Tanne, Stephen J. Choi & Mitu Gulati -
CommentaryVol. 102 · Iss. 2
Another Consequential Damages Redux: A Response to “Consequential Damages Clauses: Alien Vomit or Intelligent Design?”
In “Consequential Damages Clauses: Alien Vomit or Intelligent Design,” Professors Choi and Gulati (and their cast of co-authors) have produced an interesting piece examining,…
Glenn D. West -
Online2024
Sandbagging the Unsophisticated Seller: Arwood v. AW Site Services, LLC
In Arwood v. AW Site Services, LLC, the Delaware Court of Chancery sought to resolve the question raised in Eagle Force Holdings, LLC v.…
Jack Podolsky -
ArticleVol. 94 · Iss. 3
Bitproperty and Commercial Credit
In the past several years, the growth of virtual property in today’s economy has been explosive. The everyday use of virtual assets, ranging from…
Christopher K. Odinet -
ArticleVol. 97 · Iss. 6
‘The Peculiar Genius of Private-Law Systems’: Making Room for Religious Commerce
Religious commerce has long sat uncomfortably at the nexus of public law and private law. On the one hand, such transactions invariably have garden-variety commercial objectives,…
Michael A. Helfand -
ArticleVol. 91 · Iss. 3
The Arbitration Clause as Super Contract
It is widely acknowledged that the purpose of the Federal Arbitration Act (FAA) was to place arbitration clauses on equal footing with other contracts.…
Richard Frankel -
CommentaryVol. 97 · Iss. 2
Exploiting Pre-Existing Beliefs
Advertisements and product labels for a wide range of consumer and investment products have highlighted product characteristics that some people erroneously believe make them…
Ahmed E. Taha -
ArticleVol. 97 · Iss. 1
Hushing Contracts
The last few years have brought a renewed appreciation of the costs of nondisclosure agreements that suppress information about sexual wrongdoing. Recently passed bills…
David A. Hoffman & Erik Lampmann