The Yale Law Journal

George G. Triantis


Anticipating Litigation in Contract Design

Robert E. Scott & George G. Triantis

115 Yale L.J. 814 (2006)

Contract theory does not address the question of how parties design contracts under the existing adversarial system, which relies on the parties to establish relevant facts indirectly by the use of evidentiary proxies. In this Article, we advance a theory of contract design i…