The Yale Law Journal

Robert E. Scott


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…


Contract Theory and the Limits of Contract Law

Alan Schwartz & Robert E. Scott

113 Yale L.J. 541 (2003)

This Article sets out a normative theory to guide decisionmakers in the regulation of contracts between firms. Commercial law for centuries has drawn a distinction between mercantile contracts and others, but modern scholars have not systematically pursued the normative impli…