Tuesday Tips: New and Noteworthy from SSRN

Tuesday Tips: New and Noteworthy from SSRN

Rachel Leow & Timothy LiauA Comparative Common Law Study on Restitution from the StateAbstractWhen should restitution from the State be available? The jurisdictions examined in this paper—England, Canada, Australia—once gave a common answer to this...
Tuesday Tips: New and Noteworthy from SSRN

Tuesday Tips: New and Noteworthy from SSRN

Orit GanRedefining Consent to ContractAbstractThis Article examines contractual consent through an epistemic lens, bridging contract law scholarship and epistemic theory. It demonstrates that judicial decisions frequently misunderstand or deny marginalized...
New and Noteworthy from SSRN

New and Noteworthy from SSRN

Tomer Stein Epistemology at the MarketplaceAbstractPeople acquire knowledge from others, but the epistemic impact of the laws governing marketplace transactions is not directly studied. This Article groups together contract, agency, partnership, and corporate law as...
Tuesday Tips: New and Noteworthy on SSRN

Tuesday Tips: New and Noteworthy on SSRN

Neil DuxburyThe General Law Renaissance and the Common LawAbstractOf late, there has emerged an important body of legal scholarship sympathetically reassessing the concept of “general law” – unwritten legal norms discoverable by courts. This article...
Tuesday Tips: New and Noteworthy from SSRN

Tuesday Tips: New and Noteworthy from SSRN

Dov A. WaismanForeseeability and Reasonableness in Promissory Estoppel AbstractThe law of promissory estoppel contains a little-noticed puzzle relating to the way in which the justifiability of the plaintiff’s reliance is determined in American courts. Many...