Function and Form in Contract Law

Forthcoming, Oxford Handbook of the New Private Law

Yale Law & Economics Research Paper

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

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 )

P.O. Box 208215
New Haven, CT 06520-8215
United States
203-432-4030 (Phone)
203-432-8260 (Fax)

Daniel Markovits

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

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