Private Law Theory

ABSTRACT
This Handbook chapter critically reviews the contributions of several theoretical perspectives to the understanding and design of default rules in contract law – including autonomy-based theories, economic analysis, and social conceptions of contract law. It also notes the key challenges that face the theoretical analysis of default rules.

Zamir, Eyal, Default Rules: Theoretical Foundations (March 25, 2021). Research Handbook on the Philosophy of Contract Law (Mindy Chen-Wishart and Prince Saprai eds, Edward Elgar Publishing, forthcoming 2022).

First posted 2021-04-20 08:45:50