Download This PaperFunction and Form in Contract Law
Forthcoming, Oxford Handbook of the New Private Law
20 Pages Posted: 10 Jun 2019
Date Written: May 23, 2019
Abstract
We concisely state the essence of a functionalist theory of contract and the essence of a formalist theory of contract. We then compare the two theory families intuitively to suggest that, though they start in different places and their theoretical statements differ, the two theory families are more similar in application than is commonly supposed.
Suggested Citation: Suggested Citation
Schwartz, Alan and Markovits, Daniel, Function and Form in Contract Law (May 23, 2019). Forthcoming, Oxford Handbook of the New Private Law, Yale Law & Economics Research Paper, Available at SSRN: https://ssrn.com/abstract=3392999
Alan Schwartz (Contact Author)
Yale Law School ( email )
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