Document Type

Article

Citation Information

Please cite to the original publication

Abstract

This Lecture argues that much of the contract law in the cases (the US, the UK and Canada) and in the codes (Europe and Latin America) is unnecessary. To say that a law is unnecessary is to say that it does not perform a useful social function. The argument below thus sets out the functions that contract laws today are thought to serve, and then shows that many of those functions either should not be performed at all or should be performed by institutions other than courts. Also, the unnecessary functions increase transaction costs because parties must contract away from or otherwise adjust to them.

Date of Authorship for this Version

2010

Included in

Law Commons

Share

COinS