The Impossibility Doctrine in Commercial Contracts: An Empirical Analysis

Investigating and Comparing the Position of Force Majeure and the Impossibility of Contracts in Iranian Oil Contracts

The effect of the two legal entities of force majeure and the impossibility (frustration) of the contract is almost similar, and that is the impossibility of fulfilling the obligation or contract. However, these two theories, although are very similar in practice, have some differences that distinguish them from each other; Initially, the question was what is the nature of the two institutions ...

Empirical Doctrine

We can observe and measure how legal decision makers use formal legal authorities, but there is no way to empirically test the determinative capacity of legal doctrine itself. Yet discussions of empirical studies of judicial behavior sometimes conflate judges’ attention to legal rules with legal rules determining outcomes. Doctrinal determinacy is not the same thing as legal predictability. The...

Contracts: an Empirical Perspective

Modern legal scholars frequently and increasingly base their analyses on the assumption, grounded largely in the extensive experimental literature, that individuals are subject to a number of systematic behavioral biases. Within the legal literature, behavioral economic analysis has been relied upon to generate a significant number of proposals for paternalistic regulation. These proposals are ...

The Doctrine of Impossibility of Performance and the Foreseeability Test

Contracts in Offshore Software Development: An Empirical Analysis

Anandasivam Gopal • Konduru Sivaramakrishnan • M. S. Krishnan Tridas Mukhopadhyay Robert H. Smith School of Business, University of Maryland, College Park, Maryland 20742 Bauer College of Business, University of Houston, Houston, Texas 77204 University of Michigan Business School, University of Michigan, Ann Arbor, Michigan 48109 Graduate School of Industrial Administration, Carnegie Mellon Uni...