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Contract Law

Theoretical and empirical analysis of contract law

A unifying theme of my research in contract law is the enriching legal theories and questions with empirical data—ranging from experiments with laypersons and professionals to the analysis of judicial rulings. These methodologies allow me to uncover the underlying attitudes and behaviors shaping contract law, providing insights that extend beyond traditional legal theory.

For example, I have studied public attitudes toward mandatory contract rules, finding that people often prefer these rules over disclosure obligations and default provisions, even when such rules impose minor costs.

Another focus of my research is exploring the diverse attitudes toward contract law, as captured by the Contractual Attitude Scale, which I developed during my Ph.D. dissertation. This scale identifies key conflicts that shape individuals’ and policymakers’ perspectives on contract law, including individualism versus solidarity, formalism versus anti-formalism, and egalitarianism versus non-egalitarianism. These findings illuminate the normative diversity underlying contractual disputes, providing valuable insights into the ideological foundations of judicial decision-making in contractual contexts.

I have also investigated remedies for contract breaches by analyzing decades of judicial decisions. My research explores how legal doctrines, such as enforced performance versus monetary damages, translate into real-world practices, revealing that legal reforms often produce complex, sometimes unexpected, outcomes. This challenges the assumption that doctrinal shifts necessarily alter practical applications.

Additionally, my work has examined the role of empathy in contractual relationships, showing that when one party face difficulties in performing the contact, empathy can prompt the parties to renegotiate terms, share losses caused by economic hardship, or even overlook breaches altogether. While empathy can foster collaboration, it also presents risks, such as inefficiency and potential exploitation.

My future research will focus on enhancing consumer awareness of privacy policies and terms of use in digital contracts. I aim to evaluate innovative tools designed to improve understanding of such agreements, including a risk-based disclosure questionnaire and a user-protection index. By comparing these tools to existing methods, my study will assess their effectiveness in increasing comprehension, reducing decision-making time, and fostering informed consent. The findings are intended to guide policymakers and regulators in advancing informed consent in digital contracts.