Commodified Promises and Contract Theory

10 Pages Posted: 25 Feb 2018

See all articles by Brian Bix

Brian Bix

University of Minnesota Law School

Date Written: February 12, 2018


This is a comment on Erik Encarnacion, “Contract as Commodified Promise.” In that article, Encarnacion offers a novel and provocative approach to understanding what the justifications and limits of contract law are, and should be: one grounded on a commodification theory. The commentary notes the potential strengths of a commodification approach, but also raises concerns. In particular, the article notes that one might worry that trying to guide outcomes – or even just guide analyses – through commodification might exacerbate disagreements rather than reduce them.

Keywords: Contract Law, Contract Theory, Commodification

Suggested Citation

Bix, Brian, Commodified Promises and Contract Theory (February 12, 2018). 71 Vanderbilt Law Review En Banc 1 (2018), Available at SSRN:

Brian Bix (Contact Author)

University of Minnesota Law School ( email )

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