The Best and Worst Contracts Decisions

This remarkable anthology of essays, which was edited by Val Ricks and published in Volume 45 of the Florida State Law Review, includes two concise contributions by yours truly: (a) “A Bayesian Analysis of the Hadley Rule” (pp. 925-928) in which I extol the virtues of Hadley v. Baxendale, a famous UK case involving a broken crankshaft, and (b) “Replevin for Rose Redux” (pp. 991-993) in which I decry the vices of Sherwood v. Walker, a famous Michigan case involving a barren cow. Your welcome!

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About F. E. Guerra-Pujol

When I’m not blogging, I am a business law professor at the University of Central Florida.
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2 Responses to The Best and Worst Contracts Decisions

  1. CHC says:

    I will have to take a look at this. Have you thought about doing (or did the editors) a meta-study on these contracts to see what characteristics distinguished the “best” from the “worst”?

    • That is an excellent suggestion. We need to measure the real-world effects on business of these various decisions before we can say, with any degree of confidence, whether any particular legal decision is good or bad. Alas, most legal scholarship consists of normative reasoning and is thus “unfalsifiable”, i.e. untestable!

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