ABSTRACT
The use of empirical methods to study contracts has been pioneered by Stewart Macaulay who conducted interviews with business owners to learn about their reliance on contract law in governing commercial relationships. Since then, researchers have been using various empirical methods to provide insights into contractual legal issues. For instance, systematic content analysis has been employed to study the terms of contracts or court judgments in contractual disputes. This approach, yet different from doctrinal methods, can help us understand the content of law. Surveys and experimental methods, on the other hand, provide evidence on people’s perceptions of contract terms or contractual behavior such as consent, misrepresentation or breach. The results of these studies contribute to the development of contract law theories which rely on the assumptions about people’s behavior in contractual relationships. Empirical studies also strengthen the arguments in normative research by providing evidence on the effectiveness of contract law.
Recently, empirical legal researchers have been employing more advanced methods. For instance, the content of court judgments or contracts is studied using automated text analysis. Experiments and surveys are run online which allow access to a much larger and diversified subject pool. This chapter will provide an overview of these empirical methods including both traditional as well as the most recent approaches. It will not only introduce these methods but also discuss their limitations and advantages.
Leszczyńska, Monika, Empirical Methods in Contract Law (January 5, 2024), in Research Methods Handbook for Contract Law and Scholarship, Yuliya Chernykh and Joshua Karton eds, Edward Elgar Publishing 2024.
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