ABSTRACT
A long line of scholars and jurists have proposed to use laws that regulate contracting to combat economic inequality. This chapter examines the justifications that have been offered in support of these proposals and how they might be implemented in various areas of contract law. The discussion emphasizes that law may influence inequality by influencing the distribution of wealth across different types of contracts as well as between contracting parties. The chapter specifically addresses the distributional effects of doctrines concerned with discrimination, formalities, coercion, information production, implied mandatory or default terms, revision in response to supervening events, and dispute resolution.
Davis, Kevin E, Inequality and the Regulation of Contracting (April 21, 2026) in The Oxford Handbook of Regulatory Contract Law (Alexander Hellgardt and Yeşim M Atamer eds, forthcoming); New York University Law and Economics Research Paper Forthcoming; New York University School of Law, Public Law Research Paper Forthcoming.
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