Contract Law
Mindy Chen-WishartAbstract
Contract law is humanity’s most successful tool for creating trust between strangers and enabling large-scale cooperation. The book explores how contract law shapes the legal architecture of human cooperation. It explains how voluntary agreements between individuals became one of humanity’s most powerful tools for coordination, enabling complex societies and markets to function. Through accessible examples and contemporary case studies, it shows how contract law constructs, supports, and regulates the making and keeping of promises. The book identifies three irreducible elements of contract law—voluntariness, reciprocity, and redress; and shows how the size and shape of the detailed rules on these depend on five animating values: freedom, fairness, community, efficiency, and administrability, as they are balanced from time to time and culture to culture by courts or legislatures. Written from a comparative and interdisciplinary perspective, it explores how law determines when agreements are binding, when they can be set aside for mistake, coercion, or unfairness, how to fix the boundaries of contractual rights and obligations, and how the law compensates or enforces when promises are broken. The book concludes by considering the challenges posed by digital and algorithmic contracting, and asks how contract law can preserve human autonomy and justice in an age of artificial intelligence.