Commodified Promises and Contract Theory
Year: 2018
Type: article
Abstract: This is a comment on Erik Encarnacion, “Contract as Commodified Promise.” In that article, Encarnacion offers a novel and provocative approach to understanding what the justifications and limits of contract law are, and should be: one grounded on a commodification theory. The commentary notes the potential strengths of a commodification approach, but also raises concerns. In particular, the article notes that one might worry that trying to guide outcomes – or even just guide analyses – through commodification might exacerbate disagreements rather than reduce them.
Source: eYLS (Yale Law School)
Author: Brian H. Bix
Institution: University of Minnesota
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2789163649