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Whitford, William --- "A relational perspective on contract laws default rules, with an emphasis on remedies" [2019] ELECD 2313; in Halson, Roger; Campbell, David (eds), "Research Handbook on Remedies in Private Law" (Edward Elgar Publishing, 2019) 494

Book Title: Research Handbook on Remedies in Private Law

Editor(s): Halson, Roger; Campbell, David

Publisher: Edward Elgar Publishing

Section: Chapter 27

Section Title: A relational perspective on contract laws default rules, with an emphasis on remedies

Author(s): Whitford, William

Number of pages: 23

Abstract/Description:

The goal of this chapter is to discuss what considerations lawmakers should consider when formulating those doctrines of contract law that can be displaced by agreement between the parties. These doctrines are called default terms. I will use the law of contractual remedies for examples; most (though not all) remedial doctrines are capable of alteration by agreement and hence are default terms. And I will focus on American law. The lawmakers who formulate contract law’s default terms in America could be judges, who create and interpret the common law, the private drafters of model legislation intended for legislative enactment (such as the UCC), or elected legislators themselves.