The Renaissance of Law in the Law of Oil and Gas: The Contract Dimension

31 Pages Posted: 3 Sep 2007

See all articles by David E. Pierce

David E. Pierce

Washburn University School of Law

Abstract

This article is a critical examination of the discipline we call "oil and gas" law. Many of the flaws associated with this "specialized" body of law relate to its "special" status. Jurisprudential flaws have developed as courts depart from basic contract, property, or tort law in pursuit of "oil and gas law" concepts. The phenomenon is not limited to oil and gas law but can occur in any "law of" setting. This article illustrates the problems associated with oil and gas law by analyzing judicial approaches to recognizing and applying "implied covenants" under the oil and gas lease. By comparing the experience and outcomes under the oil and gas rule with the outcome under a contract law analysis, it is possible to evaluate whether a specialized "oil and gas" rule is necessary or advisable.

Keywords: adhesion contract, damages, deduction of costs, implied covenant, implied in fact, interpretation, good faith, implied in law, jurisprudence, marketing covenant, oil and gas, oil and gas lease, omitted term, royalty, royalty calculation, rules of construction, unconscionability

Suggested Citation

Pierce, David E., The Renaissance of Law in the Law of Oil and Gas: The Contract Dimension. Washburn Law Journal, Vol. 42, No. 4, pp. 909-939, 2004, Available at SSRN: https://ssrn.com/abstract=1011379

David E. Pierce (Contact Author)

Washburn University School of Law ( email )

1700 College Avenue
Topeka, KS 66621
United States

HOME PAGE: http://washburnlaw.edu/faculty/pierce-david.php

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
418
Abstract Views
1,380
Rank
128,513
PlumX Metrics