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Revisiting the contracts scholarship of Stewart Macaulay : on the empirical and the lyrical

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Notes

  • Selected conference papers.
  • Includes bibliographical references and index.

Contents

  • "Non-contractual relations in business: a preliminary study" / Stewart Macaulay -- Excerpts from "Private legislation and the duty to read: business run by IBM machine, the law of contracts and credit cards" / Excerpts from "The real deal and the paper deal: empirical pictures of relationships, complexity and the urge for transparent simple rules" / Is the world of contracting relations one of spontaneous order or pervasive state action? Stewart Macaulay scrambles the public-private distinction / Robert W. Gordon -- Empiricism's crucial question and the transformation of the legal system / Edward Rubin -- The promise and the peril of relational contract theory / Robert E. Scott -- Ambition and humility in contract law / Jay M. Feinman -- What do we mean by the non-use of contract? / David Campbell -- Conflict and collaboration in business organisation: a preliminary study / Li-Wen Lin and Josh Whitford -- What mistakes do lawyers make in complex business contracts, and what can and should be done about them?: some preliminary thoughts / Claire A. Hill -- The role of contract: Stewart Macaulay's lessons from practice / Biran H. Bix -- What is the relational theory of consumer form contract / Ethan J. Leib -- Acquiring children contractually: relational contracts at work at home / Carol Sanger -- Is there a duty to read? / Charles L. Knapp -- Restitution without context: an examination of the losing contract problem in the Restatement (Third) of Restitution / William J. Woodward, Jr. -- Contract in a pre-realist world: Professor Macaulay, Lord Hoffmann and the rise of context in the English law of contract / John Wightman -- The deregulatory effects of Seventh Circuit jurisprudence / Deborah Waire Post -- Doctrines of last resort / D. Gordon Smith
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