Research Handbook on Remedies in Private Law
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 27: A relational perspective on contract laws default rules, with an emphasis on remedies

William Whitford

Abstract

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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.