Tuesday, June 24, 2008
When it comes to the doctrine of consideration, Tulane University School of Law's Mark Wessman (pictured) is a one-man wrecking crew. His latest assault on the doctrine, Recent Defenses of Consideration: Commodification and Collaboration, can be found in the Indiana Law Review -- specifically at 41 Ind. L. Rev. 9 (2008). Here's the abstract from SSRN:
In this article, Professor Wessman supplements his previous criticism of the traditional requirement of consideration in contract law. Specifically, he addresses innovative arguments by Professors Eisenberg and Markovits, respectively, that aspects of that traditional requirement are supported by notions of commodification and collaboration. Ultimately, he concludes that neither of those theoretical concepts provides an adequate basis for a defense of the classical rules pertaining to consideration.