Rethinking Contract Law and Contract Design

Rethinking Contract Law and Contract Design

Rethinking Law series

Victor P. Goldberg

Rethinking Contract Law and Contract Design presents a rich array of ideas that reassess the law and economics of contractual relations. Victor P. Goldberg uses a transactional framework to critically analyse and re-evaluate contract doctrine and specific legal cases. This important work examines particular contractual precepts whilst conducting a detailed exercise in legal archaeology, challenging readers to reconsider significant legal decisions by forensic exploration of records, briefs, and other materials, including the staple cases of textbooks and casebooks.

Chapter 9: Buffalo’s field of dreams: Kenford Company v. Erie County

Victor P. Goldberg

Subjects: economics and finance, law and economics, law - academic, commercial law, law and economics, law of obligations


When Erie County breached its contract to build a domed stadium, it was sued for damages. In litigation lasting eighteen years the courts finally rejected most of the damage claims. Some claims were for the plaintiff’s lost appreciation on adjacent lands; other losses were for the lost management contract. Some of the claims were rejected because the court applied the new business rule; others were rejected because the court concluded that the county had not assumed the risk. This chapter concludes that the results were correct.

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