Tag Archives: Contracts

Weekly Top Ten SSRN Contracts & Commercial Law Downloads (July 21, 2018)

Top Downloads For: Contracts & Commercial Law eJournal Recent Top Papers (60 days) As of: 22 May 2018 – 21 Jul 2018 Rank Paper Downloads 1. Data Pollution Omri Ben-Shahar University of Chicago Law School 218 2. Legal Engineering on… … Continue reading

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How Do We Regulate Contracts That We Need and Hate?

Anne Fleming, City of Debtors: A Century of Fringe Finance (2018). Aditi Bagchi About fifteen years ago, Bruce Mann’s Republic of Debtors offered an intriguing narrative about the origins of American bankruptcy law. Among other claims, Mann suggested that debt … Continue reading

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Lipshaw on Smart Contracts

Jeffrey M. Lipshaw (Suffolk University Law School) has posted The Persistence of "Dumb" Contracts on SSRN.  Here is the abstract: “Smart contracts” are a hot topic. Presently, smart contracts mostly consist as evidence of property, like crypto-currencies or mortgages, created and/or transferred … Continue reading

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Enforceability of Standard Form Contracts 

It is a common misconception that contracts of adhesion are unenforceable. Contracts of adhesion, also referred to as standard form contracts, are most often used in commercial contexts. These contracts are usually presented to consumers on a ‘take it or … Continue reading

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Specific Performance of California Real Estate Contracts – The Buyer Must Prove that they Satisfied Every Requirement of the Contract

In an action for “specific performance” a party to a contract seeks the court order the other party to perform as required by the contract. One requirement for such an order is that the remedy at law is inadequate – … Continue reading

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