TITLE

A Lesson on Some Limits of Economic Analysis: Schwartz and Scott on Contract Interpretation

AUTHOR(S)
BURTON, STEVEN J.
PUB. DATE
March 2013
SOURCE
Indiana Law Journal;Winter2013, Vol. 88 Issue 1, p339
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article focuses on the theory of contract interpretation which was developed from the article "Contract Theory and the Limits of Contract Law" by Professors Alan Schwartz and Robert E. Scott. It analyzes that restatement was published by them which provides a lesson on some limits of economic analysis of the law. It depicts that the argument of these professors has failed because it neither support the values of rule of law nor efficient for business contracts.
ACCESSION #
85771516

 

Related Articles

  • CJL volume 28 issue 2 Cover and Front matter. Akbari, Sina // Canadian Journal of Law & Jurisprudence;Jul2015, Vol. 28 Issue 2, pf1 

    The author reflects on the Alan Schwartz & Robert E. Scott's article "Contract Interpretation Redux" published in a previous issue of the periodical that discusses the inadequacy of institutional specialization of economic analysis of contract law. Topics discussed include negative externalities...

  • In Memoriam Robert E. Scott.  // Canadian Funeral News;Feb2012, Vol. 40 Issue 2, p34 

    An obituary for Robert E. Scott, the former Funeral Service Association of Canada (FSAC) president, is presented.

  • I think that's what we said. Sidkin, Stephen; Humphrey, Jo // Credit Management;Sep98, p25 

    Discusses the importance of careful drafting of terms and conditions of an agreement. Clarity of terms; Unpleasant issues that should not be raised between agreeing parties; Protection of intellectual property; Issues not subject of the agreement; Commercial advantages of a written agreement;...

  • All contracts are not created equal. Winn, Steven L. // Business Credit;Mar1995, Vol. 97 Issue 3, p10 

    Discusses the interpretation of contracts. Threat of a lien; Expediting payment; `Pay if paid' clause; Indemnity clauses; `Express negligence doctrine; Owner's and Contractor's Protective Liability Policy; Liquidated damages; Damage for delay; Attorney's fees.

  • Standards, rules, and social norms. Posner, Eric A. // Harvard Journal of Law & Public Policy;Fall97, Vol. 21 Issue 1, p101 

    Discusses the economic aspects of rules and standards, social norms and rule of law. Optimal form of law dealt in the economic literature on rules and standards; Relationship among the three topics; Economic models of social norms; Preference for rules over standards in the rule of law.

  • Russia's Legal Transitions: Marxist Theory, Neoclassical Economics and the Rule of Law. Hamilton, John; Deakin, Simon // Hague Journal on the Rule of Law;Dec2015, Vol. 7 Issue 2, p283 

    We review the role of economic theory in shaping the process of legal change in Russia during the two transitions it experienced during the course of the twentieth century: the transition to a socialist economy organised along the lines of state ownership of the means of production in the 1920s,...

  • Defense Research Institute (DRI) elects new officers.  // Insurance Advocate;03/21/98, Vol. 109 Issue 12, p24 

    Announces the appointment of Robert E. Scott as president of Defense Research Institute. Background of Scott; Other officers of the institute who were elected.

  • ON THE ORIGINS OF RULE OF LAW AND THE META-PHYSICS OF INSTITUTIONS. Lorenzetto, Bruno M. // Education & Science Without Borders;2015, Vol. 6 Issue 12, p50 

    The question concerning the origins or the beginning of the concepts is a philosophical problem that is located at the core of some of the most important reflections in our current time. In specific, the question about the origins of the state - the Rule of Law - is taken as the object of this...

  • ASPECTE CRIMINOLOGICE ALE INFRACÅ¢IUNILOR LA REGIMUL CIRCULAÅ¢IEI PE DRUMURILE PUBLICE. PERSONALITATEA CONDUCÄ‚TORULUI AUTO ÅžI COMPORTAMENTUL ÃŽN CIRCULAÅ¢IE. ŢURCAŞ, Adrian // Journal of Criminal Investigation;2013, Vol. 6 Issue 1, p288 

    Romain society is currently going through a period characterized transition to a market economy under the conditions of the rule of law framework main democratic constitution enshrined in this complex process law - as the normative expression of contemporary social headquarters - is itself is a...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics