INTUITIVE FORMALISM IN CONTRACT

This Article starts with the proposition that most American contracting is consumer contracting, posits that consumer contracting has particular and even peculiar doctrinal features, and concludes that these features dominate the lay understanding of contract law. Contracts of adhesion constitute th...

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Bibliographic Details
Published in:University of Pennsylvania law review 2015-06, Vol.163 (7), p.2109-2129
Main Author: Wilkinson-Ryan, Tess
Format: Article
Language:English
Subjects:
Analysis
CONSUMERS
Consumers' preferences
Contract law
CONTRACTS
Culture
Evaluation
EVIDENCE
Fairness
Intuition
JUDGMENTS
Laws, regulations and rules
Legal formalism
Legal realism
Reciprocity (Psychology)
Standardized terms of contract
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Description
Summary:This Article starts with the proposition that most American contracting is consumer contracting, posits that consumer contracting has particular and even peculiar doctrinal features, and concludes that these features dominate the lay understanding of contract law. Contracts of adhesion constitute the bulk of consumer experience with contract law. It is not hard to see that someone discerning the nature of contract law from a sample composed almost entirely of boilerplate terms and conditions would come quickly to the conclusion that contract law is highly formal.
ISSN:0041-9907
1942-8537