ABSTRACT. Hatzis writes that the pursuit of social justice by legislative bodies and not by courts is more efficient, more comprehensive, democratic and impartial. Wiener Katz considers the major doctrinal rules of contract formation and interpretation, and the incentives such rules provide for pre-contractual behavior. Schwartz and Scott observe that if the state is to provide the interpretive theory that the parties want, then supplementing contracts with course of performance evidence would frequently be a mistake. Cafaggi asserts that the regulatory function of private law in relation to actions and transactions taking place on the internet is growing in importance.



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