contract theory the bro SIMONNN

Question 1

what is a Descriptivist

Answer 1

looks only at the actual contract parties entered into and how contract law gives effect to those = this would be instrumentalism

Question 2

what is a Prescriptivist

Answer 2

recognizes that contract law is not a means to an ends rather that contract law can give effect to its own idea of what is proper contracting and implement rules to get to this standard.

Question 3

Simon thinks that Smillies argument was not that contract law exists to promote any type of contracting, but

Answer 3

rather proper contracting based on a specific conception of proper contracting that emphasizes certainty.

Question 4

Courts should not strive to fill gaps that the parties leave in a contract because to do so….

Answer 4

rewards improper contracting and discourages proper contracting - this demonstrates that contract law is not simply instrumentalism

Question 5

how is contract law is not simply instrumentalism

Answer 5

because ontract law gives effect to a conception of proper contracting contained within contract law

Question 6

Simon recognizes that individuals often have their own

Answer 6

perspectives and contexts that influence how they understand and interpret language. This means that even if two people use the same words, they may have different interpretations based on their experiences, beliefs, and intentions.