Contract Law

Christopher R. Drahozal & Erin O'Hara O'Connor, Unbundling Procedure: Carve-Outs From Arbitration Clauses

A rich literature analyzes how parties choose between courts and arbitration. Within this literature, scholars traditionally assume that sophisticated parties make a single choice between courts and arbitration based on the bundle of dispute resolution services that seems most appealing ex ante. As with the literature on bundling generally, however, legal scholars are increasingly focusing […]

F. Patrick Hubbard, "Sophisticated Robots": Balancing Liability, Regulation, and Innovation

Our lives are being transformed by large, mobile, “sophisticated robots” with increasingly higher levels of autonomy, intelligence, and interconnectivity among themselves. For example, driverless automobiles are likely to become commercially available within a decade. Many people who suffer physical injuries from these robots will seek legal redress for their injury, and regulatory schemes are likely […]

Rachel Arnow-Richman, Mainstreaming Employment Contract Law: The Common Law Case for Reasonable Notice of Termination

This Article simultaneously exposes a fundamental error in employment termination doctrine and a paradox in contract law jurisprudence. Contemporary employment law has developed under the assumption that at-will parties may terminate their relationship both without reason and without notice. This Article argues that the second half of this formulation—the idea that parties reserve the procedural […]

Questioning the Ubiquitousness, But Not the Value, of Arbitration Carve-outs

Larry A. DiMatteo

Abstract Response to Christopher R. Drahozal & Erin O’Hara O’Connor, Unbundling Procedure: Carve-Outs from Arbitration Clauses Christopher R. Drahozal & Erin O’Hara O’Connor’s article entitled Unbundling Procedure: Carve-Outs from Arbitration Clauses impressively describes the phenomena of carving-out and carving-in in dispute resolution clauses. My review of numerous international contracts, especially those involving the sale of goods, has found that […]

And Therefore . . . . : Comments on “Unbundling Procedure: Carve-Outs from Arbitration Provisions”

Jeffrey L. Harrison

Abstract Response to Christopher R. Drahozal & Erin O’Hara O’Connor, Unbundling Procedure: Carve-Outs from Arbitration Clauses In Unbundling Procedure: Carve-Outs from Arbitration Clauses, Christopher R. Drahozal and Erin O’Hara O’Connor offer a wealth of information about how sophisticated parties allocate the costs and risks of various forms of dispute resolution. What they discover is that these parties, […]

John Terwilleger, Can A Professional Limit Liability Contractually Under Florida Law?

Florida law is currently unclear on the issue of whether a professional may rely upon a limitation of liability clause in a professional services contract. Limitation of liability clauses are common in business contracts, especially in construction, a field that includes many professionals such as engineers and architects. While Florida has historically enforced limitation of liability clauses in professional services contracts, […]