Research Handbook on Remedies in Private Law
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Research Handbook on Remedies in Private Law

Edited by Roger Halson and David Campbell

This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.
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Chapter 27: A relational perspective on contract laws default rules, with an emphasis on remedies

William Whitford


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.

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