“I begin with a disclosure: I have been a skeptic about statutory disclosure requirements in my field, contract law, for many years. In More than You Wanted to Know: The Failure of Mandatory Disclosure, Omri Ben-Shahar and Carl E Schneider marshal an impressive array of empirical evidence, coupled with cost-benefit analysis, to argue that the costs of ‘mandatory’ disclosure as such are substantial while the benefits are close to nil. But their advocacy has not moved me to a conviction that mandatory disclosure laws generally should be repealed, as they conclude (p 183). In particular, certain disclosure requirements in contract law probably should be retained …” (more)
[Steven J Burton, ContractsProf Blog, 16 September]
First posted 2014-09-16 12:00:27
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