Contracts
The Promise Principle and Contract Interpretation, Suffolk (2011)
The promise principle and its roots in a certain type of morality of individual obligation,...
The Promise Principle and Contract Interpretation, Suffolk (2011)
The promise principle and its roots in a certain type of morality of individual obligation,...
JUDICIAL INTERVENTION AS RISK REDUCTION, ExpressO (2011)
JUDICIAL INTERVENTION AS RISK REDUCTION J. P. Kostritsky Employing an economics-based consequentialist approach to contract...
A CONSEQUENTIALIST APPROACH TO INTERPRETATION, PROBABILISTIC MECHANISMS, AND RISK: LET’S NOT LIMIT COURTS’ TECHNIQUES OF COMMON LAW ADJUDICATION; RETHINKING JUDICIAL INTERVENTION FROM CONTRACTS TO THE CHRYSLER BANKRUPTCY, ExpressO (2011)
Employing an economics-based consequentialist approach to contract interpretation (focusing on the prospective effect and the...
A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy (2010)
Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...
Incomplete Contracts
SYMPOSIUM InCOMPLETE CONTRACTS: JUDICIAL RESPONSES, TRANSACTIONAL PLANNING AND LITIGATION STRATEGIES, CASE WESTERN LAW REVIEW (2005)
Scholars working in the law-and-economics tradition have suggested that courts should use a hypothetical bargain...
Interpretation
A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy (2010)
Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...
Plain Meaning vs. Broad Interpretation: How the Risk of Opportunism Defeats a Unitary Default Rule for Interpretation, Kentucky Law Journal (2007)
Plain Meaning vs. Broad Interpretation: How the Risk of Opportunism Defeats a Unitary Default Rule...
Contracts Legal Intervention
A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy (2010)
Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...
Bargaining With Uncertainty, Moral Hazard and Sunk Costs: A Default Rule for Presontractual Negotiations, Hastings Law Journal (1992)
Incorporation
Judicial Incorporation of Trade Usages: A Functional Solution to the Opportunism Problem, Connecticut Law Review (2006)
This Article argues that the strategy of rejecting trade usages unless they are part of...
Assent-Based Liability
A New Theory of Assent-Based Liability Emerging Under the Guise of Promissory Estoppel: An Explanation and Defense, The Wayne Law Review (1987)
This article demonstrates that apparently divergent approaches (bargain and promissory estoppel) share unifying elemental criteria...
Default Rules
Looking For Default Rule Legitimacy in All the Wrong Places: A Critique of the Authority of Contract Model and the Coordination Principle Proposed by Professor Burton, Southern California Interdiscipinary Law Journal (1994)
Reliance and Hold Up
Uncertainty, Reliance, Preliminary Negotiations and the Hold Up Problem (2007)
Recently, two scholars, Alan Schwartz and Robert Scott, have cast doubt on the conventional view...
Economics
JUDICIAL INTERVENTION AS RISK REDUCTION, ExpressO (2011)
JUDICIAL INTERVENTION AS RISK REDUCTION J. P. Kostritsky Employing an economics-based consequentialist approach to contract...
A CONSEQUENTIALIST APPROACH TO INTERPRETATION, PROBABILISTIC MECHANISMS, AND RISK: LET’S NOT LIMIT COURTS’ TECHNIQUES OF COMMON LAW ADJUDICATION; RETHINKING JUDICIAL INTERVENTION FROM CONTRACTS TO THE CHRYSLER BANKRUPTCY, ExpressO (2011)
Employing an economics-based consequentialist approach to contract interpretation (focusing on the prospective effect and the...
A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy (2010)
Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...
A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy, ExpressO (2010)
Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...
Interpretive Risk and Contract Interpretation: A Suggested Approach for Maximizing Value, ExpressO (2010)
• The Article offers a theory of judicial intervention and interpretation in Contracts. It posits...
Bankruptcy Law
A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy, ExpressO (2010)
Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...
Courts
JUDICIAL INTERVENTION AS RISK REDUCTION, ExpressO (2011)
JUDICIAL INTERVENTION AS RISK REDUCTION J. P. Kostritsky Employing an economics-based consequentialist approach to contract...
Jurisprudence
JUDICIAL INTERVENTION AS RISK REDUCTION, ExpressO (2011)
JUDICIAL INTERVENTION AS RISK REDUCTION J. P. Kostritsky Employing an economics-based consequentialist approach to contract...