The Many Layers and Dimensions of Contract Design

Research Handbook on Contract Design (Edward Elgar Publishing, 2022).

16 Pages Posted:

See all articles by Marcelo Corrales Compagnucci

Marcelo Corrales Compagnucci

Centre for Advanced Studies in Biomedical Innovation Law (CeBIL), Faculty of Law, University of Copenhagen

Helena Haapio

University of Vaasa, School of Accounting and Finance, Business Law; Lexpert Ltd

Mark Fenwick

Kyushu University - Graduate School of Law

Date Written: September 18, 2021

Abstract

This chapter introduces the many layers and dimensions of contract design. In the past, for legal scholars, it may have been a synonym for planning or drafting contracts around regulatory requirements and default rules, with a focus on preparing for litigation. While the topic has many nuances depending on the context, the views presented in this chapter are all tied together with a common factor: contracts need to be designed, not just drafted. They are no longer the monopoly of any single profession alone and they cannot remain disconnected from digital processes and technological developments. We advocate a user-centric approach to make contracts better by design for all stakeholders in the contracting community: better at serving the goals and needs both of contracting organizations and the people who work with contracts. This introductory chapter presents contracts as core communication tools and business-critical economic instruments, and not merely as legal instruments.


Keywords: contract design, legal design, user-centric approach, communication, contract technology, proactive law

Suggested Citation

Corrales Compagnucci, Marcelo and Haapio, Helena and Fenwick, Mark, The Many Layers and Dimensions of Contract Design (September 18, 2021). Research Handbook on Contract Design (Edward Elgar Publishing, 2022)., Available at SSRN: https://ssrn.com/abstract=

Marcelo Corrales Compagnucci (Contact Author)

Centre for Advanced Studies in Biomedical Innovation Law (CeBIL), Faculty of Law, University of Copenhagen ( email )

Karen Blixens Plads 16
Copenhagen, Copenhagen DK-2300
Denmark

HOME PAGE: http://https://research.ku.dk/search/?pure=en%2Fpersons%2F662698

Helena Haapio

University of Vaasa, School of Accounting and Finance, Business Law ( email )

P.O. Box 700
Wolffintie 34
Vaasa, FI-65101
Finland

Lexpert Ltd ( email )

Pohjoisranta 20
Helsinki, FI-00170
Finland

HOME PAGE: http://www.lexpert.com

Mark Fenwick

Kyushu University - Graduate School of Law ( email )

744 Motooka, Nishi-ku,
Fukuoka, Fukuoka 819-0395
Japan

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