Klass and Ayres, ‘One-Legged Contracting’

… Part I of this Response criticizes as arbitrary and essentializing Kar and Radin’s insistence of shared meaning as the core of contracting. Part II argues that even if shared meaning were the sine qua non of contracting, their proposal fails to achieve it because it does not assure that the terms would be ‘cooperatively communicated’. Part III argues that the proposed enforcement standard would, in practice, severely limit freedom of contract and likely reduce consumer welfare.

Gregory Klass and Ian Ayres, One-Legged Contracting 133 Harvard Law Review Forum 1 (8 November 2019).

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