INTRODUCTION
In ‘Deregulating Contracts’, Alan Schwartz and Simone Sepe have made an important and ambitious contribution to contract theory. In their view, we have been way too conformist about contract law. Their argument is that both welfarist and deontological considerations suggest our law of contracts should be radically reformed. More specifically, they argue that contract law should abandon its current approach to what they call ‘procedural terms’ (remedial clauses, interpretative clauses, renegotiation provisions, and the like) and adopt the same hands-off approach that, within limits, it takes regarding ‘substantive terms’ (quantity, quality, and price terms) …
[The Schwartz and Sepe article is here.]
Jiménez, Felipe, Against Deregulation (June 19, 2026), Forthcoming, Notre Dame Law Review.
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