This week we consider another view on the issue of whether some contractual breaches are such that additional remedies should be imposed by the courts, beyond the traditional damages for breach of contract. In other words, Is some conduct sufficiently wrongful that a court should have the right to impose additional damages to deter such …
Monthly Archives: April 2010
The Fault that Lies Within Our Contract Law
Let’s continue the discussion regarding rules of fault in contract law. This series is from a law review article written by Professor George M. Cohen, who first notes that: “The economic justification starts from the same premise as the traditionalist justification – that courts should enforce agreements according to the parties’ mutual intentions. [Thus,] the …
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An Information Theory of Willful Breach
Let’s continue with the discussion of fault and breach in contract law. We are starting to see that the law treat different kinds of contracts differently. Meaning that, with a “relational contract,” being one in which the duties and obligations extend over time, the law imposes higher standards than in a “one-shot” contract. Professors Oren …
Does West Side Farming Make Economic Sense? (Part 2)
Journalist and attorney Lloyd Carter questions whether the benefits of subsidized water outweigh the social costs. The undisputable fact is that the west side of Fresno County is one of the poorest regions in all of America. Does current water policy help or does it simply compound the misery? The Cost for West Side Agriculture …
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