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CONTRACTS - ONLY WITH CONSENT

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  • Source:
    University of Pennsylvania Law Review, 2004/06/01, Vol: 152, p1873
  • Additional Information
    • Author:
      Ronald J. Mann
    • Citation:
      152 U. Pa. L. Rev. 1873
    • Copyright:
      Copyright (c) 2004 The Trustees of The University of Pennsylvania
    • Abstract:
      My friend and former colleague Omri Ben-Shahar has established a reputation for providing nuanced and well-grounded applications of economic analysis to important problems of contract law. In recent years, he has undertaken the ambitious task of exploring a significant topic at the boundary of contract law: liability for problems that arise out of efforts to form a contract. The essay to which I reply, Contracts Without Consent: Exploring a New Basis for Contractual Liability, 1 is his second work on that topic, following his 2001 article with Lucian Bebchuk entitled Precontractual Reliance. 2 Collectively, these pieces provide a comprehensive analysis of the relationship between opportunistic behavior and contract law. My goal in this reply is not to challenge that analysis directly, but rather, to test its boundaries. As a thematic matter, I discuss the practical domain in which the proposed new basis for contractual liability is useful and examine the plausibility of the doctrinal solutions that Ben-Shahar recommends. I first address the propriety of using a single regime to resolve preconsensual and postconsensual problems. I then consider whether the characterization of Ben-Shahar's proposal as a default rule responds to the concerns that I raise in the first part of my discussion. I. Two Regimes The most elegant aspect of Ben-Shahar's essay is its use of a single model to resolve problems arising along a continuum, starting at the point when parties begin to consider a transaction and running through to the period after they have come to ...
    • Subject Terms:
    • Keywords:
      characterization
      postconsensual
      precontractual
      preconsensual
      opportunistic
      comprehensive
      plausibility
      relationship
      collectively
      applications
    • Accession Number:
      edslex6CBD2235
  • Citations
    • ABNT:
      MANN, R. J. Contracts - Only with Consent. University of Pennsylvania Law Review, [s. l.], v. 152, p. 1873, 2004. Disponível em: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex6CBD2235&custid=s8280428. Acesso em: 30 maio. 2020.
    • AMA:
      Mann RJ. Contracts - Only with Consent. University of Pennsylvania Law Review. 2004;152:1873. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex6CBD2235&custid=s8280428. Accessed May 30, 2020.
    • APA:
      Mann, R. J. (2004). Contracts - Only with Consent. University of Pennsylvania Law Review, 152, 1873.
    • Chicago/Turabian: Author-Date:
      Mann, Ronald J. 2004. “Contracts - Only with Consent.” University of Pennsylvania Law Review 152 (June): 1873. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex6CBD2235&custid=s8280428.
    • Harvard:
      Mann, R. J. (2004) ‘Contracts - Only with Consent’, University of Pennsylvania Law Review, 152, p. 1873. Available at: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex6CBD2235&custid=s8280428 (Accessed: 30 May 2020).
    • Harvard: Australian:
      Mann, RJ 2004, ‘Contracts - Only with Consent’, University of Pennsylvania Law Review, vol. 152, p. 1873, viewed 30 May 2020, .
    • MLA:
      Mann, Ronald J. “Contracts - Only with Consent.” University of Pennsylvania Law Review, vol. 152, June 2004, p. 1873. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex6CBD2235&custid=s8280428.
    • Chicago/Turabian: Humanities:
      Mann, Ronald J. “Contracts - Only with Consent.” University of Pennsylvania Law Review 152 (June 1, 2004): 1873. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex6CBD2235&custid=s8280428.
    • Vancouver/ICMJE:
      Mann RJ. Contracts - Only with Consent. University of Pennsylvania Law Review [Internet]. 2004 Jun 1 [cited 2020 May 30];152:1873. Available from: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex6CBD2235&custid=s8280428