Contract Law and Inequality - A Response to Frank Carrigan

Oxford University Commonwealth Law Journal Vol. 13, No. 1, p. 1-7

U. of Adelaide Law Research Paper No. 2019-30

Posted: 31 Jan 2019 Last revised: 6 Feb 2019

Date Written: January 29, 2019

Abstract

In this article I reply to Frank Carrigan's argument that contract law reflects and reinforces the inequality that manifests itself in advanced economies. In response I argue that while this inequality is real and deserves serious attention, contract law is not the vehicle that should be used to try to ameliorate inequality. Contract law is not suited for such a task and there are far better options open to any government to reduce various inequalities in our society. Not only, however, would contract law be a poor tool for overcoming inequality, to use it in this way risks destroying the value it has for allowing genuine transacting between responsible and free adults.

Keywords: Contract Law, Law Inequality, Frank Carrigan

JEL Classification: K10

Suggested Citation

Gava, John, Contract Law and Inequality - A Response to Frank Carrigan (January 29, 2019). Oxford University Commonwealth Law Journal Vol. 13, No. 1, p. 1-7, U. of Adelaide Law Research Paper No. 2019-30, Available at SSRN: https://ssrn.com/abstract=3324808

John Gava (Contact Author)

Adelaide Law School ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

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