This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law.

The topical chapters written by leading international scholars include: pre-contractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed.

This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.

Critical Acclaim

‘Contract Law and Economics is an excellent collection of surveys in the field. The book will be of interest to those who are experts as the chapters present unique insights into recent contributions. At the same time, the surveys are very accessible to those who want an introduction to the important results in the economic analysis of contract law. I strongly recommend this book.’
– Donald Wittman, University of California, Santa Cruz, US

‘This volume on contract law and economics is distinguished by its breadth – covering contract formation, interpretation, and remedies for breach, among other areas – its variety of perspectives, and its accessibility to readers. I recommend it highly to any person interested in contract law, whether or not already versed in the economic approach to law.’
– Steve Shavell, Harvard Law School, US

Contributors

Contributors: M. Artigot i Golobardes, G.M. Cohen, P. Cserne, G. De Geest, A.W. Dnes, C.P. Gillette, F. Gómez Pomar, E. Mackaay, P.G. Mahoney, E.C. Melato, P. Pestieau, R.A. Prentice, D.J. Smythe, A.-S. Vandenberghe, N. van der Beek, P. van Wijck, S. Walt, K. Wehrt, A.L. Wickelgren, C.T. Wonnell, Q. Zhou

Contents

Contents:

1. Introduction
Gerrit De Geest

PART I: FORMATION AND INTERPRETATION
2. Precontractual Liability
Eleonora C. Melato

3. Contractual Mistake and Misrepresentation
Qi Zhou

4. Duress
Péter Cserne

5. Gratuitous Promises
Robert A. Prentice

6. Gifts, Wills and Inheritance Law
Pierre Pestieau

7. Standard Form Contracts
Clayton P. Gillette

8. Interpretation and Implied Terms in Contract Law
George M. Cohen

PART II: REMEDIES
9. Contract Remedies: General
Paul G. Mahoney

10. Penalty Clauses and Liquidated Damages
Steven Walt

11. Impossibility and Impracticability
Donald J. Smythe

12. Foreseeability
Peter van Wijck

13. Option Contracts and the Holdup Problem
Abraham L. Wickelgren

14. Warranties
Klaus Wehrt

PART III: LONG-TERM CONTRACTS
15. Long-term Contracts and Relational Contracts
Nick van der Beek

16. Long-term Contracts in the Law and Economics Literature
Mireia Artigot i Golobardes and Fernando Gómez Pomar

17. Marriage Contracts
Antony W. Dnes

18. Franchise Contracts
Antony W. Dnes

PART IV: PERSPECTIVES
19. Behavioral Approaches to Contract Law
Ann-Sophie Vandenberghe

20. The Civil Law of Contract
Ejan Mackaay

21. Unjust Enrichment and Quasi-Contracts
Christopher T. Wonnell

Index