"The Default Rule Paradigm and the Limits of Contract Law," 3 Southern California Interdisciplinary Law Journal 389 (1994)
Default rule analysis has become a central feature of modem contracts scholarship. This scholarship is illuminating but less helpful than it could be for two reasons: first, there are several types of default rules but the literature does not distinguish adequately among them; second, legal' institutions vary in their ability to write helpful defaults but the question which institution should create what kind of rule has not been seriously asked. This essay addresses both deficiencies.
Date of Authorship for this Version
Schwartz, Alan, "The Default Rule Paradigm and the Limits of Contract Law" (1994). Faculty Scholarship Series. Paper 1085.