- Title Pages
- Dedication
- Acknowledgments
- The Rule of Law in America
- An Exceptional Nation?
- Are Americans More Litigious?
- Lawyers as Spam
- Regulation and Litigation
- Does Product Liability Law Make Us Safer?
- The American Illness and Comparative Civil Procedure
- The Proportionality Principle and the Amount In Controversy
- The Allocation of Discovery Costs and the Foundations of Modern Procedure
- Does Increased Litigation Increase Justice in a Second-Best World?
- A Tamer Tort Law
- The Expansion of Modern U.S. Tort Law and Its Excesses
- Regulation, Taxation, and Litigation
- An English Lawyer Looks at American Contract Law
- Text versus Context
- Exit and the American Illness
- The Dramatic Rise of Consumer Protection Law
- How American Corporate and Securities Law Drives Business Offshore
- Corporate Crime, Overcriminalization, and the Failure of American Public Morality
- The Legacy of Progressive Thought
- Overtaking
- The Rule of Law and China
- Reversing
- Contributors
- Index
Text versus Context
Text versus Context
The Failure of the Unitary Law of Contract Interpretation
- Chapter:
- (p.312) Text versus Context
- Source:
- The American Illness
- Author(s):
Robert E. Scott
- Publisher:
- Yale University Press
This chapter focuses on individually tailored contracts commercial parties negotiate for themselves. These contracts are distinguished from consumer contracts, where liberal rules of interpretation might make more sense. The chapter also distinguishes between liberal contextualism and a conservative textualism.
Keywords: tailored contracts, consumer contracts, contracts, liberal contextualism, conservative textualism, unitary law
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- Title Pages
- Dedication
- Acknowledgments
- The Rule of Law in America
- An Exceptional Nation?
- Are Americans More Litigious?
- Lawyers as Spam
- Regulation and Litigation
- Does Product Liability Law Make Us Safer?
- The American Illness and Comparative Civil Procedure
- The Proportionality Principle and the Amount In Controversy
- The Allocation of Discovery Costs and the Foundations of Modern Procedure
- Does Increased Litigation Increase Justice in a Second-Best World?
- A Tamer Tort Law
- The Expansion of Modern U.S. Tort Law and Its Excesses
- Regulation, Taxation, and Litigation
- An English Lawyer Looks at American Contract Law
- Text versus Context
- Exit and the American Illness
- The Dramatic Rise of Consumer Protection Law
- How American Corporate and Securities Law Drives Business Offshore
- Corporate Crime, Overcriminalization, and the Failure of American Public Morality
- The Legacy of Progressive Thought
- Overtaking
- The Rule of Law and China
- Reversing
- Contributors
- Index