Topic

Contracts and Commercial Law

Posts

  • 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…

  • 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…

  • 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…

  • 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,…

  • 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.…

  • 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…

  • 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,…

  • 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.…

  • 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…

  • 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…