Contract Formation and Interpretation
نویسندگان
چکیده
منابع مشابه
Text and Context: Contract Interpretation as Contract Design
Contract interpretation remains the most important source of commercial litigation and the most contentious area of contemporary contract doctrine and scholarship. Two polar positions have competed for dominance in contract interpretation. In a textualist regime, generalist courts cannot consider context; in a contextualist regime, they must. Underlying this dispute are contrary assumptions abo...
متن کامل1 Text and Context : Contract Interpretation as Contract Design
Contract interpretation remains the most important source of commercial litigation and the most contentious area of contemporary contract doctrine and scholarship. Two polar positions have competed for dominance in contract interpretation. In a textualist regime, generalist courts cannot consider context; in a contextualist regime, they must. Underlying this dispute are contrary assumptions abo...
متن کاملThe Law and Economics of Contract Interpretation
Contract interpretation is an understudied topic in the economic analysis of contract law. This paper combines simple formal analysis of the tradeoffs involved in interpretation with applications to the principal doctrines of contract interpretation, including the “four corners” rule, mutual mistake, contra proferentum, and what I call the (informal but very important) rule of “extrinsic nonevi...
متن کاملClousot: Static Contract Checking with Abstract Interpretation
We present an overview of Clousot, our current tool to statically check CodeContracts. CodeContracts enable a compiler and languageindependent specification of Contracts (precondition, postconditions and object invariants). Clousot checks every method in isolation using an assume/guarantee reasoning: For each method under analysis Clousot assumes its precondition and asserts the postcondition. ...
متن کاملelectronic contract formation and consumer protection
although electronic contract consists of offer and acceptance, its specific characteristics and the fact that parties to it state their intention in a virtual world i.e. cyber-space, and specially given consumer's need of enough protection in this environment, new rules have been included in laws concerning this kind of contract which seek to make sure that consumer has been well informed ...
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ژورنال
عنوان ژورنال: SSRN Electronic Journal
سال: 1997
ISSN: 1556-5068
DOI: 10.2139/ssrn.69534