In The Choice Theory of Contracts, we explain contractual freedom and celebrate contract types. This Issue offers penetrating critiques. Here, we reply by refining choice theory and showing how it fits and shapes the contract canon. I. Freedom. (1) Charles Fried challenges our account of Kantian...

“Freedom of contracts” has two components: (1) the familiar freedom to bargain for terms within a contract and (2) the long-neglected freedom to choose from among contract types. Theories built on the first freedom have reached an impasse; attention to the second points toward a long-elusive...

This Article argues that lawmakers ought to recategorize inheritance law and contracts law as cognate bodies of doctrine within a larger genus of transfers law. The Article proceeds to examine comparatively the justifications for freedom of contracts and freedom of testation, concluding that...

The Practice Guide intends to give an overview of the relevant current legal provisions (including case law) on matters of private international law and posting in the area of employment contracts to assist practitioners . This Guide is not intended to be legally authoritative, nor does it...