Solum on Contractual Communication

Lawrence B. Solum (Georgetown University Law Center) has posted Contractual Communication (forthcoming Harvard Law Review Forum) on SSRN.  Here is the abstract: In "Pseudo-Contract and Shared Meaning Analysis," Professors Robin Bradley Kar and Margaret Jane Radin develop an important theory of the nature of contract that draws on Paul Grice’s influential theory of meaning. That theory has significant implications for contract doctrine, in particular for questions about the enforceability of so-called “contracts of adhesion” in particular and for “boilerplate” in general. But at the most fundamental level, the Kar and Radin’s work is about the nature of contractual communication. They answer the question, “How do contracts mean?,” by proposing a theoretical structure, which they name “Shared Meaning Analysis.” This Essay focuses on “contractual communication”: it interrogates the philosophical…

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