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Investigating the contract production process
Capital Markets Law Journal  (IF),  Pub Date : 2021-09-11, DOI: 10.1093/cmlj/kmab023
Stephen J Choi, Mitu Gulati, Robert E Scott

Key points
  • 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.