Brian Bix, ‘Commodified Promises and Contract Theory’

Abstract
This is a comment on Erik Encarnacion, ‘Contract as Commodified Promise’. In that article, Encarnacion offers a novel and provocative approach to understanding what the justifications and limits of contract law are, and should be: one grounded on a commodification theory. The commentary notes the potential strengths of a commodification approach, but also raises concerns. In particular, the article notes that one might worry that trying to guide outcomes – or even just guide analyses – through commodification might exacerbate disagreements rather than reduce them.

Bix, Brian, Commodified Promises and Contract Theory (February 12, 2018). 71 Vanderbilt Law Review En Banc 1 (2018).

First posted 2018-02-26 07:04:01

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