Journal Article

Impossibility, Impracticability, and Frustration—Professor Goldberg Constructs an Imaginary Article, Attributes it to Me, and then Criticizes it

Melvin A. Eisenberg

in Journal of Legal Analysis

Published on behalf of The John M. Olin Center for Law, Economics and Business at Harvard Law School with the support of the Considine Family Foundation

Volume 2, issue 1, pages 383-396
Published in print January 2010 | ISSN: 2161-7201
Published online January 2010 | e-ISSN: 1946-5319 | DOI: http://dx.doi.org/10.1093/jla/2.1.383
Impossibility, Impracticability, and Frustration—Professor Goldberg Constructs an Imaginary Article, Attributes it to Me, and then Criticizes it

Show Summary Details

Preview

Last year I published an article, “Impossibility, Impracticability, and Frustration,” in this Journal (Eisenberg 2009). Professor Victor Goldberg, a leading figure in the law-and-economics of contracts, has now published a counter-article, “Excuse Doctrine: The Eisenberg Uncertainty Principle,” also in this Journal (Goldberg 2010). Although Goldberg's article purports to be a criticism of mine, in fact most of his points are directed to an Imaginary Article he has constructed out of thin air, consisting of statements I did not make and positions I did not imply. Accordingly, a major reason for this response is to set the record straight by comparing what Goldberg says that I said and implied with what I actually said and implied. In addition, those portions of Goldberg's article that addressed what I did write are for the most part either based on a fallacious rhetorical device, simply incorrect, or both. Therefore, a second reason for this response is to show where and why Goldberg's criticisms go astray. Finally, in one instance Goldberg has identified an erroneous sentence in “Impossibility, Impracticability, and Frustration,” and I also write to acknowledge that error.

Journal Article.  0 words. 

Subjects: Jurisprudence and Philosophy of Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.