Mariana Pargendler
85 Geo. Wash. L. Rev. 1717
Contract law has long been a favorite area of study among comparative law scholars. Economists have posited that contract institutions play a central role in economic development. Yet, in sharp contrast to the state of the art in other fields (such as corporate law and bankruptcy law), the possible role of contract laws in shaping economic outcomes remains largely neglected. This Essay explores the main reasons that might explain this status quo. These are: (1) the lack of meaningful variation in contract laws around the world, (2) the triviality of contract law, (3) the ample availability of choice of law, (4) the U.S.-centric bias of the law and economics literature, (5) the lack of public data on contracting practices, and (6) the boundaries of contract law. It concludes that, while important, these factors are ultimately insufficient to justify the scarcity of works on the economic consequences of contract law, which could be a fruitful area for future research.
