Function and Form in Contract Law
Forthcoming, Oxford Handbook of the New Private Law
20 Pages Posted: 10 Jun 2019
Date Written: May 23, 2019
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.
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