contract theory John gava Flashcards
1
Q
people care about what the rules are as long as
A
as they are predictable and there is a clear process and can use use contract law only as a full back during a dispute
2
Q
what is Neo-formalism and anti-formalism and what does John gava recon
A
Neo-formalism and anti-formalism represent an instrumentalist view of contract law, which focuses on the practical outcomes or purposes of contracts rather than strict legal rules.
Gava criticizes this approach, believing it undermines certainty and stability in contract law.
3
Q
John gava thinks law should focus on
A
law should focus on how it works and not what effect it has.