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The Economics of Form and Substance in Contract Interpretation
2003
Social Science Research Network
For the past 100 years or so t he historical trend in the law of contracts has been to wat er d own for mal interp ret ive do ctrines in favor of a more all-things-considered analysis of what the parties may have meant or what justice might require in the individual case. T his trend away from formal and toward substantive interpretation of contracts has been alternately celebrated and criticized for over a century; and in recent years, a number of eco nomically influenced scho lars, in
doi:10.2139/ssrn.464840
fatcat:icsgr3xzcbeq7kgmxzarvdqoou