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IMPOSSIBILITY, IMPRACTICABILITY, AND FRUSTRATION—PROFESSOR GOLDBERG CONSTRUCTS AN IMAGINARY ARTICLE, ATTRIBUTES IT TO ME, AND THEN CRITICIZES IT

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ABSTRACT
Last year I published an article, “Impossibility, Impracticability, and Frustration,”
in this Journal (Eisenberg 2009). Professor Victor Goldberg, a leading fi gure 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. 2 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 identifi ed an
erroneous sentence in “Impossibility, Impracticability, and Frustration,” and I also
write to acknowledge that error.

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Informasi Detail

Judul Seri

Journal of Legal Analysis

No. Panggil

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Penerbit

Oxford : Oxford University Press on behalf of The John M. Olin Center for Law., 2010

Deskripsi Fisik

Spring 2010: Volume 2, Number 1 ~ Journal of Legal Analysis

Bahasa

English

ISBN/ISSN

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Klasifikasi

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Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

agus

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