Abstract

http://ssrn.com/abstract=1821292
 


 



Off Contract Harms: The Real Effect of Liberal Rescission Rights on Contract Price


Michael Aikins


Yale University - Law School

April 24, 2011

Yale Law Journal, Vol. 121, p. 69, 2011

Abstract:     
In their recent article in The Yale Law Journal, Professors Richard R.W. Brooks and Alexander Stremitzer make the case for a liberal allowance of rescission and restitution — an “off the contract” remedy that allows a party to a contract to rescind following breach by a counterparty and to receive back the contract price. This Essay argues that Brooks and Stremitzer’s recommendations are based on an incomplete analysis of the effects of rescission rights on the marketplace and are ultimately misplaced.

Number of Pages in PDF File: 17

Keywords: Contracts, Economics, Microeconomics, Pricing, Consumer Economics, Firm Behavior, Monopoly, Insurance, Price Discrimination

JEL Classification: A1, D10, D11, D20, D21, D24, D41, D42, D60, D61, D63, H32, K12, L11, L12, L14, L21, M21

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Date posted: April 25, 2011 ; Last revised: February 22, 2012

Suggested Citation

Aikins, Michael, Off Contract Harms: The Real Effect of Liberal Rescission Rights on Contract Price (April 24, 2011). Yale Law Journal, Vol. 121, p. 69, 2011. Available at SSRN: http://ssrn.com/abstract=1821292

Contact Information

Michael Aikins (Contact Author)
Yale University - Law School ( email )
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