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Misunderstandings between Contracting Parties: Developing an Optimally Simple Legal Doctrine *
| Content Provider | Semantic Scholar |
|---|---|
| Author | Geest, Gerrit De Moor, Bart De Depoorter, Ben |
| Copyright Year | 2001 |
| Abstract | Under Belgian law misunderstandings between contracting parties as to the agreed terms are dealt with through five doctrinal headings: mistake preventing the contract, the doctrine of legitimate expectation, the transformation of righ ts, the interpretation of contracts, and tacit acceptance. In this article, we propose a new, simple, accurate and unifying doctrine: ‘the least cost avoider of misunderstandings’ doctrine. This doctrine is inspired on law and economics research of Calabresi (1970), Posner (1977), Van den Bergh (1987) and De Geest (1994). We elaborate this doctrine and show that it explains Belgian law in a simpler and more accurate way than the competing set of 5 doctrines. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://users.ugent.be/~bdpoorte/articles/misunderstandings.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
