On Collaboration, Organizations, and Conciliation in the General Theory of Contract

33 Pages Posted: 1 Aug 2005  

Ethan J. Leib

Fordham University School of Law

Abstract

This short piece exposes a central shortcoming of all general theories of contract that purport to be comprehensive and descriptive: they tend to exclude whole types of contracts to make their theories fit. As the essay explains, there are contracts between individuals (Type (1)), between organizations (Type (3)), and between individuals and organizations (Type (2)). By carefully analyzing Daniel Markovits's recent attempt at a contract theory in his "Contract and Collaboration," 113 YALE L.J. 1417 (2004), as well as looking at Schwartz and Scott's recent effort in "Contract Theory and the Limits of Contract Law," 113 YALE L.J. 541 (2003), I am able to expose how contract theorists ignore various Types of contracts to their theories' detriment. At the conclusion, I suggest how Types of contracts are relevant to contract theory construction - and how a focus on Types can point to a resolution of some of the ongoing debates in contract theory.

Keywords: Contracts, contract theory, Markovits, Schwartz, Scott, corporations, organizations

Suggested Citation

Leib, Ethan J., On Collaboration, Organizations, and Conciliation in the General Theory of Contract. Quinnipiac Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=762905

Ethan J. Leib (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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