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Investigating the contract production process
Capital Markets Law Journal
Pub Date : 2021-09-11
Stephen J Choi, Mitu Gulati, Robert E Scott
Contract law and theory have traditionally paid little attention to the processes by which contracts are made.
Instead, contracts among sophisticated parties are assumed to be full articulations of the desires of the parties; whatever the process, the outcome is the same.
This article compares debt contracts from US and UK firms, with different production processes, that are trying to do the same thing under very similar legal regimes.
The production process matters.
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