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  3. Contract Law Minimalism
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    • Publisher:
      Cambridge University Press
      Publication date:
      05 November 2013
      07 November 2013
      ISBN:
      9781139108171
      9781107021075
      DOI:
      https://doi.org/10.1017/CBO9781139108171
      Dimensions:
      (247 x 174 mm)
      Weight & Pages:
      0.7kg, 314 Pages
      Dimensions:
      Weight & Pages:
      • Subjects:
      Law: General Interest, Law, Contract Law, Private Law, Jurisprudence
      Series:
      Law in Context
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    Subjects:
    Law: General Interest, Law, Contract Law, Private Law, Jurisprudence
    Series:
    Law in Context
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    Book description

    Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

    Reviews

    '… [an] admirable contribution to this fascinating debate.'

    Catherine Mitchell Source: International Company and Commercial Law Review

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