Guest lecture Professor Alan Schwartz
In his lecture, Alan Schwartz will discuss the paper: Alan Schwartz and Robert E. Scott, “The Common Law of Contracts and the Default Rule Project”, 102 Virginia Law Review 1523-88 (October 2016).
This paper attempts to explain how adjudication produced the common law of contract, and argues that private law making projects cannot improve much on what the courts have done. The last part has particular relevance to Europe, because private groups have been creating, and attempting to create, European sales and contract laws. These efforts, our paper suggests, may be misguided.