Uri Benoliel, The Impossibility Doctrine in Commercial Contracts: An Empirical Analysis, __ Brooklyn L. Rev. __ (forthcoming), available at SSRN.

Shawn Bayern

The use of theoretical economics to analyze legal rules faces a special challenge in contract law, particularly when applied to default rules rather than mandatory ones: it has to match up with what contracting parties are actually doing. One of the foundations of the economic analysis of contract law is that business parties ordinarily know what’s in their own best […]