Private Law Theory

Introduction:
… This Article proceeds as follows. In Part I, I argue that the doctrines around contracts of adhesion have been impervious to the facts of our changing contractual culture and that we might think of them as a triumph of doctrinalism over realism. In Part II, I lay out the evidence for an intuitive formalism, a set of common assumptions that form contracts are good prototypes for what contract law is about more generally. In Part III, I present a new questionnaire study as part of a larger consideration of how formalist intuitions might affect consumer behavior … (more)

Tess Wilkinson-Ryan, ‘Intuitive Formalism in Contract’, University of Pennsylvania Law Review, vol 163, 2109 (2015).

First posted 2015-09-08 06:04:09