Oxford Business Law Blog

Most students of contract law devote little or no time to the question of how contracts are produced. There is no need to be concerned with the actual production process if transactional lawyers...

The contractarian theory of the corporation holds that a business corporation is a creature of contract and, more specifically, a nexus of incomplete contracts between directors, shareholders,...

For years, the extent of patent rights of a patentee after sale of a patented product has been the subject of much judicial debate. This is especially so as the resolution of this issue required the...

The rapidly spreading coronavirus (Covid-19) outbreak, which was declared a pandemic by the World Health Organization on 11 March 2020, all of a sudden changed everyday life all over Europe and the...

When should specific performance be available for breach of contract? Civil law systems make it the primary remedy for breach, while the common law treats it as a humble exception with limited...

Modern societies need well-functioning retail financial markets to survive and thrive. The global financial crisis of 2007-2008 has shown that innovation in financial contract design can lead to...

The scale of disruption to contractual relationships caused by Covid-19 stands to be significant and widespread. In order to assist businesses analyse their position under English law contracts, we...

The statement that reciprocal loyalty encourages collaboration needed for contract performance is a truism, practically a cliché. Courts have long emphasized the significance of honesty, cooperation...

In our book The Choice Theory of Contracts (Cambridge, Amazon, SSRN), we develop a liberal theory of contract law. In three forthcoming essays, we reply to critics and show how and why autonomy must...

In ‘Choice Theory and the Economic Analysis of Contracts’ I offer an economist’s reaction to Hanoch Dagan and Michael Heller’s important book, ‘The Choice Theory of Contracts.’ In this post, I...

Take a look at our full video interview with Prof Horst Eidenmüller about his empirical research on extreme sports sponsoring contracts and their link with inefficient risk-taking by the sponsored...

Proprietary, sophisticated computer algorithms are a hidden yet central element of how we work and play today. Businesses use algorithms internally to make decisions and improve their service...

In a recent paper of mine, I conduct a comparative analysis on the general frustration rule with reference to two legal systems – Germany and Hong Kong. When considering how to deal with changed...

Andrew Tetley is a French avocat, an English solicitor, and Counsel at Reed Smith LLP. From 1 October 2016, and in a radical departure from the current legal position, the notion of ‘hardship’ is set...

The free movement of goods and services are central to the functioning of the Internal Market of the European Union (‘EU’). While many scholars have devoted their attention to analysing those...