Revisiting the Contracts Scholarship of Stewart Macaulay, Post VIII: Gordon Smith

Doctrines of Last Resort. Last week I had occasion to re-read The Path of the Law by Oliver Wendell Holmes Jr, and I was reminded of my many discussions about contract law with Stewart Macaulay. During my time teaching at Wisconsin, the Contracts professors held weekly lunches to discuss the materials we were covering in class. These discussions would often turn to the fundamental question that Stewart began to wrestle with in his famous study ‘Non-Contractual Relations in Business’ and that has fascinated him ever since, namely, ‘What good is contract law?’ In The Path of the Law, Holmes offered a well-known and provocative perspective on this question: …” (more)

[ContractsProf Blog, 5 September]

First posted 2013-09-06 06:10:21

Leave a Reply