About Melvin A. Eisenberg
Eisenberg is the author of The Nature of the Common Law (1991) and The Structure of the Corporation (1997) and has published casebooks on the subjects of contracts and corporations.
|Present||Jesse H. Choper Professor of Law, Berkeley Law|
The Role of Fault in Contract Law: Unconscionability, Unexpected Circumstances, Interpretation, Mistake, and Nonperformance Michigan Law Review (2009)
It is often asserted that contract law is based on strict liability, not fault. This assertion is incorrect. Fault is a basic building block of contract law, and pervades the field. Some areas of contract ...
The Disgorgement Interest in Contract Law Michigan Law Review (2006)
Restatement Second of Contracts provided that contract law serves to protect one or more of three interests: the expectation interest, the reliance interest, and the restitution interest. There is, however, a fourth interest that contract ...
The Duty of Good Faith in American Corporate Law European Company and Financial Law Review (2006)
An important development in American corporate law is the recent explicit recognition, in a series of Delaware cases, that corporate managers owe a fiduciary duty of good faith in addition to their traditional duties of ...
The Duty of Good Faith in Corporate Law Delaware Journal of Corporate Law (2006)
An important development in corporate law is the recent explicit recognition, in a series of Delaware cases, that corporate managers owe a fiduciary duty of good faith in addition to their traditional duties of care ...
Corporate Conduct That Does Not Maximize Shareholder Gain: Legal Conduct, Ethical Conduct, the Penumbra Effect, Reciprocity, the Prisoner's Dilemma, Sheep's Clothing, Social Conduct, and Disclosure Stetson Law Review (1998)
Deals with the question of nonmaximizing corporate conduct. Types of corporate conduct that appear to be or are non nonmaximizing; Narration of the section 2.01 of the American Law Institute's `Principles of Corporate Governance' to ...