Sometimes a contracts claim is so small that it falls between the cracks of the mainstream media. But no claim is too small — or too contracts-adjacent — to escape the Friday Frivolity feature.
As Lois Kapila reports in The
ContractsProf Blog, published by the Law Professor Blogs Network, focuses on issues related to contract law and commercial law. It covers topics such as contract formation, enforcement, interpretation, and remedies, as well as developments in commercial transactions and related legal doctrines. The blog also discusses contemporary legal challenges in contracts, including penalty clauses, liquidated damages, and contractual disputes in various contexts like employment and collegiate athletics. It serves as a resource for legal scholars, practitioners, and students interested in the evolving landscape of contract law and its practical applications.
Sometimes a contracts claim is so small that it falls between the cracks of the mainstream media. But no claim is too small — or too contracts-adjacent — to escape the Friday Frivolity feature.
As Lois Kapila reports in The…
A Comparative Common Law Study on Restitution from the State
Abstract
When should restitution from the State be available? The jurisdictions examined in this paper—England, Canada, Australia—once gave a common answer to this question,…
Uri Benoliel is Professor of Law at the College of Law & Business and author of Disclosure Laws in the Digital Era: The Case of Franchising (Cambridge University Press, 2026).
I recently noted that Tamar Meshel, who is partly responsible for my arbitration addiction, did her best Meryl Streep imitation when I asked her to help me choose which arbitration decisions summarized on her Substack I should blog about.…
Redefining Consent to Contract
Abstract
This 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 parties’ experiences of consent. This exclusion, the…
Last week, we posted about two cases in which Circuit Courts tried to figure out when a party will be deemed to have waived its right to arbitrate through conduct inconsistent with the right, such as having “substantially invoked the…
Paper-Shaped Paralysis
Listen here stereo headphones recommended; psychedelics optional.The lyrics are a lot more compelling in the context of the song!
[Spoken Intro – low, theatrical, over heavy organ drone]
Ladies and gentlemen,put down the highlighters.
No— put them down.…