Timeline for What discipline is the closest one to applied contract theory?
Current License: CC BY-SA 4.0
23 events
| when toggle format | what | by | license | comment | |
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| Jan 17, 2023 at 3:09 | comment | added | bdb484 | But again, that's contract theory from the legal perspective. You might get an entirely different answer from economists. | |
| Jan 17, 2023 at 3:08 | comment | added | bdb484 | I think what you're describing is a contract theory that is at odds with the fundamentals of contract theory. From the legal perspective, at least, the main point of a contract is to make a deal -- most typically to facilitate business transactions. The assumption is already that the parties prefer to make a deal rather than litigate. The person who prefers to break his contracts and subject himself to the associated costs of litigation is probably too much of an outlier to spend much time building a dedicated theory around. | |
| Jan 16, 2023 at 18:15 | answer | added | ohwilleke | timeline score: 1 | |
| Jan 16, 2023 at 9:53 | comment | added | drabsv | @ohwilleke - I am curious if there's a dedicated discipline for designing contracts and rules. I want to learn more in that respect, because it would be very practical for either managing employees at work, or hiring people or letting real estate. | |
| Jan 16, 2023 at 9:51 | comment | added | drabsv | @ Stuart F - my point is not about a contract being clear worded. It is about including a psychological analysis why one may want to act unfair, methods for screening such people, deterring them (that is making the whole deal unattractive by the contract terms alone), requiring proper guarantees and being ready to settle conflict, in case they do sign it and violate it. Lawyers are trained to handle the last step only. | |
| Jan 16, 2023 at 9:38 | comment | added | drabsv | @ bdb484 - an eye toward preventing future litigation out of general common sense and general professional experience is one thing, while keeping this as the main focus and having dedicated theory to rely on, is another. I am asking about the latter. | |
| Jan 16, 2023 at 0:19 | comment | added | bdb484 | I disagree. It would be a strange case where a lawyer drafted a contract without an eye toward preventing future litigation. | |
| Jan 14, 2023 at 10:09 | comment | added | drabsv | @bdb484 - nothing I'm describing here seems to be outside the scope of a standard contract, but in reality is not being implemented. As I noted in a previous comment, lawyers are trained to prepare a contract which would protect your rights in legal proceedings, which is entirely different from setting rules meant to prevent resorting to court, altogether. | |
| Jan 14, 2023 at 10:09 | answer | added | Jen | timeline score: 0 | |
| Jan 14, 2023 at 9:59 | comment | added | drabsv | @ Iñaki Viggers - I reworded the sentence to make it clearer what I mean by "accept them and break them" | |
| Jan 14, 2023 at 9:58 | history | edited | drabsv | CC BY-SA 4.0 |
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| Jan 14, 2023 at 9:56 | comment | added | drabsv | @ Iñaki Viggers - " the intent of a contract ... preempt a dispute" - not in reality. Lawyers prepare contracts intended to help their client win a dispute in court, if things reach that point, not prevent the dispute on the first place. | |
| Jan 13, 2023 at 18:16 | review | Close votes | |||
| Jan 19, 2023 at 19:20 | |||||
| Jan 13, 2023 at 17:59 | comment | added | ohwilleke | I think that the answer is "the practice of law", but I'm not clear why you want to know which influences the answer. Are you looking for who to hire to do something? Where to look for academic research? Or what? | |
| Jan 13, 2023 at 16:20 | comment | added | Stuart F | There may be a belief that lawyers, being evil, design contracts to maximise litigation and hence the amount of money lawyers earn. But a reputable lawyer will help draw up a clearly-worded contract. There is also the specific position of legal writer, someone who specialises in writing contracts, but they will normally act under instruction from a lawyer. | |
| Jan 12, 2023 at 21:24 | comment | added | George White | For training you might google contract administration - see example program at UCI ce.uci.edu/areas/business_mgmt/mgmt_supervisory_skills/… | |
| Jan 12, 2023 at 21:18 | comment | added | bdb484 | I'd say that you may have a misconception about what is expected in a contract. Nothing you're describing here seems to be outside the scope of a standard contract. | |
| Jan 12, 2023 at 21:15 | comment | added | George White | There is a profession “contract administrator”. You might look that up, | |
| Jan 12, 2023 at 21:14 | comment | added | George White | “Formal” contracts drafted by my attorney when I ran a small business were very practical based on his knowledge and experience. He would ask questions of the type “what do you agree to under X circumstance?” - let’s cover that. | |
| Jan 12, 2023 at 21:10 | comment | added | Iñaki Viggers | It is unclear what you are asking. "what about contracts which are designed to prevent such course of action on the first place" Generally speaking, the intent of a contract is that all parties be on the same page and thus preempt a dispute. "contracts, which put such conditions, that someone likely to violate them, would rather give up the whole deal, than accept them and break them?" Are you asking about the concept of rescission of a contract? It is otherwise unclear what you mean by "accept them and break them". | |
| Jan 12, 2023 at 21:10 | comment | added | George White | I think a sort list of rules agreed to by two parties is a contract. | |
| S Jan 12, 2023 at 21:03 | review | First questions | |||
| Jan 12, 2023 at 23:36 | |||||
| S Jan 12, 2023 at 21:03 | history | asked | drabsv | CC BY-SA 4.0 |