It will be the argument of this paper that for a variety of reasons judges should not adopt contextually oriented styles of judging in the resolution of commercial contract disputes before the courts. How judges should decide commercial cases and, in particular, contract cases, has been at the centre of debate surrounding contract law for some time now. Empirical work has shown that many businesspeople seem to transact and settle their disputes with minimal input from the courts. Trust, reputation and forms of non-legal sanctions seem to be the preferred tools for many market transactors. In response legal scholars have argued that more commercially oriented styles of judging should be adopted to make the law attractive to business and to improve the efficiency of business transacting.
Gava, John, How Should Judges Decide Commmercial Contract Cases? (December 8, 2013). 134 (2013) 30 Journal of Contract Law; U. of Adelaide Law Research Paper No. 2013-28.