Contracts between Legal Persons

@article{Kornhauser2010ContractsBL,
  title={Contracts between Legal Persons},
  author={Lewis A. Kornhauser and W. Bentley MacLeod},
  journal={Economics Educator: Courses},
  year={2010}
}
Contract law and the economics of contract have, for the most part, developed independently of each other. In this essay, we briefly review the notion of a contract from the perspective of lawyer, and then use this framework to organize the economics literature on contract. The review thus provides an overview of the literature for economists who are interested in exploring the economic implications of contract law. The title, Contracts between Legal Persons, limits the review to that part of… Expand
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References

SHOWING 1-10 OF 184 REFERENCES
The Law and Economics of Contracts
This paper, which will appear as a chapter in the forthcoming Handbook of Law and Economics (A.M. Polinsky & S. Shavell, eds.), surveys major issues arising in the economic analysis of contract law.Expand
Contract Theory and the Limits of Contract Law
This article sets out a normative theory to guide decisionmakers in the regulation of contracts between firms. Commercial law for centuries has drawn a distinction between mercantile contracts andExpand
Contracting in the Shadow of the Law
Economic models of contract typically assume that courts enforce obligations based on verifiable events (corresponding to the legal rule of specific performance). As a matter of law, this is not theExpand
Reliance, Reputation, and Breach of Contract
WHAT social function does the law of contract damages play? The literature, legal and economic, offers several answers, two of which are of particular interest here. In a famous article published inExpand
Filling gap in incomplete contracts: an economic theory of default rules
The legal rules of contracts and corporations can be divided into two distinct classes. The larger class consists of "default" rules that parties can contract around by prior agreement, while theExpand
The Economics of Form and Substance in Contract Interpretation
For the past 100 years or so the historical trend in the law of contracts has been to water down formal interpretive doctrines in favor of a more all-things-considered analysis of what the partiesExpand
A Theory of Self-Enforcing Indefinite Agreements
All contracts are incomplete. But incomplete contracts differ along several key dimensions. Many contracts are incomplete because parties decline to condition performance on future states that theyExpand
Economic Analysis of Legal Disputes and Their Resolution
ECONOMIC THOUGHT ABOUT LAW iS old, but the economic analysis of law, which relies on formal models, is new.1 A little over 30 years ago, economics was relegated by lawyers to the technical role ofExpand
Handbook of Law and Economics
Law can be viewed as a body of rules and legal sanctions that channel behavior in socially desirable directions for example, by encouraging individuals to take proper precautions to prevent accidentsExpand
Great Expectations: Law, Employment Contracts, and Labor Market Performance
This chapter reviews the literature on employment and labor law. The goal of the review is to understand why every jurisdiction in the world has extensive employment law, particularly employmentExpand
...
1
2
3
4
5
...