Ben-Shahar, Omri; Hoffman, David A.; Hwang, Cathy - 2022
Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most … contract law rules that advance nonparty interests, which it calls “nonparty defaults.”In doing so, this Article makes three … contributions to the contract law literature. First, it identifies nonparty defaults as a judicial technique. It shows how courts …