ABSTRACT
This paper challenges the assumption that contract law plays a minimal or background role in facilitating the trust and co-operation which are key to the successful operation of commercial markets, using a case study of a market where legislative intervention on the content of contracts plays a crucial role: the UK construction industry, regulated by the Housing Grants, Construction and Regeneration Act 1996. It offers a new concept, responsive reflexivity, to explain this form of regulation.
Ellis, Charlotte, Regulating Commercial Contracts: What can we Learn from Part II of the Housing Grants, Construction and Regeneration Act 1996? (August 16, 2020) in TT Arvind and Jenny Steele (eds), Contract Law and the Legislature (Hart 2020) pp 329-361.
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