Robert E. Scott

Review

Contract Interpretation Redux

119 Yale L.J. 926 (2010).  Contract interpretation remains the largest single source of contract litigation between business firms. In part this is because contract interpretation issues are difficult, but it also reflects a deep divide between textualist and contextualist theories of interpretation. While a strong majority of U.S. courts continue to follow the traditional, “formalist” approach to contract interpretation, some...

Feb 27, 2010