Economic Reasoning in Adjudication of Commercial Contractual Disputes in India
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Niti Bhutani
Abstract
This paper examines the key provisions of Indian contract law with special reference to commercial contracts. We evaluate how the Indian Contract Act and the Specific Relief Act fare on the efficiency criterion in the economic analysis of the law. Further, we discuss whether the Indian courts use economic reasoning while filling up gaps in commercial contracts and choosing a breach remedy. We argue that the law governing commercial contracts has several inbuilt features that are desirable from an efficiency point of view. However, several factors constrain the efficient adjudication of commercial contracts.
Funding source: Anusandhan National Research Foundation (ANRF) India
Award Identifier / Grant number: CRG/2021/007007
Acknowledgements
We have benefitted from the comments received from the participants at the conference on The Past, Present, and Future of Law and Economics in East Asia at Cornell University Law School. We thank the editors and referees for valuable inputs.
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Research funding: This work was supported by the Anusandhan National Research Foundation (ANRF) India (CRG/2021/007007).
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Artikel in diesem Heft
- Frontmatter
- Introduction
- Introduction to the Symposium “Past, Present, and Future of Law and Economics in Asia”
- Articles
- The Development of Law and Economics Scholarship in Hong Kong
- The Evolution of Law and Economics in Korea
- The Development (or Lack Thereof) of Law and Economics in Singapore
- Empirical Law and Economics in Taiwan: A Thirty-Year Review
- Law and Economics in Japan’s Courts: Emerging Trends and Developments
- Economic Analysis of Private Law in Taiwan: A Return to the Private Autonomy Principle
- Law and Economics Scholarship in Malaysia
- Current Status and Development of Economic Analysis in Corporate Law and Securities Regulations in Taiwan
- Research Article
- The Evolution of Economics and Law in Vietnam
- Article
- Economic Reasoning in Adjudication of Commercial Contractual Disputes in India
Artikel in diesem Heft
- Frontmatter
- Introduction
- Introduction to the Symposium “Past, Present, and Future of Law and Economics in Asia”
- Articles
- The Development of Law and Economics Scholarship in Hong Kong
- The Evolution of Law and Economics in Korea
- The Development (or Lack Thereof) of Law and Economics in Singapore
- Empirical Law and Economics in Taiwan: A Thirty-Year Review
- Law and Economics in Japan’s Courts: Emerging Trends and Developments
- Economic Analysis of Private Law in Taiwan: A Return to the Private Autonomy Principle
- Law and Economics Scholarship in Malaysia
- Current Status and Development of Economic Analysis in Corporate Law and Securities Regulations in Taiwan
- Research Article
- The Evolution of Economics and Law in Vietnam
- Article
- Economic Reasoning in Adjudication of Commercial Contractual Disputes in India
