Sarah Dadush, ‘Shared Responsibility in American Contract Law’, Tennessee Law Review (forthcoming), available at SSRN (1 March 2026); Emily J Stolzenberg, ‘Toward a Private Law of Intimates’ Obligations’, 111 Iowa Law Review (forthcoming), available at SSRN (2 February 2026). Under most descriptions, contract law perceives parties as dealing with each other at arm’s length. It assumes the parties seek ‘to further their economic self-interest’, and thus generally does not expect them to assist each other. As Richard Posner once put it in one of his decisions: ‘Contract law does not require parties to behave altruistically toward each other; it does not proceed on the philosophy that I am my brother’s keeper’. Two excellent forthcoming articles offer a compelling challenge to this approach … (more)
[Hila Keren, JOTWELL, 9 June 2026]
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