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  • Commercial Law
10 Sep 2020
4 min to read

Specific Performance

Hanoch Dagan | Michael Heller

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...

OBLB categories

  • Commercial Law
  • Financial Regulation
14 Apr 2020
4 min to read

EU Financial Regulation, Contract Law and Sustainable Consumer Finance

Olha O. Cherednychenko

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...

OBLB categories

  • COVID-19
  • Commercial Law
01 Apr 2020
2 min to read

Charting a Course Through Disruption to English Law Contracts Caused by Covid-19

Linklaters

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...

OBLB categories

  • Commercial Law
10 Mar 2020
3 min to read

Rethinking Interpersonal Trust in Short-Term Contracts: An Interdisciplinary Study

Leon Yehuda Anidjar

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...
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OBLB categories

  • Commercial Law
11 Nov 2019
3 min to read

Contracts Formed by Software: When Things Go Wrong

Vincent Ooi

The use of software in contract formation is likely to become increasingly pervasive in light of the digital economy. Consequently, software can also be expected to exhibit greater autonomy and take...

OBLB categories

  • Commercial Law
04 Feb 2019

Contracts and Choice Theory, Part 2 – Why Autonomy Must Be Contract’s Ultimate Value

Hanoch Dagan | Michael Heller

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...

OBLB categories

  • Commercial Law
04 Feb 2019

Contracts and Choice Theory, Part 1 – Choice Theory and the Economic Analysis of Contracts

Oren Bar-Gill

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...

OBLB categories

  • Commercial Law
28 Jan 2019

Video Interview: The Law and Economics of Extreme Sports Sponsoring in a Comparative Perspective

OBLB Editors

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...
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OBLB categories

  • Commercial Law
29 Nov 2018

Video: Setting Up Dates with Death? The Law and Economics of Extreme Sports Sponsoring in a Comparative Perspective

Horst Eidenmüller, St Hugh's College

Video of Setting Up Dates with Death? The Law and Economics of Extreme Sports Sponsoring Extreme sports and extreme sports sponsoring have become key features of the modern entertainment and sports...
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OBLB categories

  • Commercial Law
07 Jun 2018

Digital Personhood? The Status of Autonomous Software Agents in Private Law

Gunther Teubner

Autonomous software agents already today are attributed social identity and the ability to act under certain conditions. Due to action attribution in economic and social contexts, they have become...

OBLB categories

  • Commercial Law
17 Apr 2018

Law and Autonomous Systems Series: Toward a Consumer Contract Law for an Algorithmic Age

Lauren Scholz

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...

OBLB categories

  • Commercial Law
28 Jun 2017

A Comparative Analysis of the Frustration Rule: Possibility of Reconciliation Between Hong Kong-English ‘Hands-off Approach’ and German ‘Interventionist Mechanism’

Gordon Chung

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...
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OBLB categories

  • Commercial Law
31 Jan 2017

Comparative Contract Law and Development: The Missing Link?

Mariana Pargendler

Does contract law matter from an economic standpoint? If so, differences in the laws of contract across various jurisdictions may produce divergent economic outcomes. Given the centrality of...

OBLB categories

  • Commercial Law
23 Sep 2016

Hardship Under French Law

Reed Smith LLP

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...

OBLB categories

  • Commercial Law
19 Sep 2016

Private Law Rights and Remedies Under the Free Movement of Goods and Services

Paul Verbruggen

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...

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