Contracts and Friendships
Ethan J. Leib
Fordham University School of Law
March 12, 2009
Emory Law Journal, Vol. 59, 2010
This article aims to give the relational theory of contract some new life, sharpening some of its claims against its competitors by refracting its theory of relational contracts through an analogy to friendship. In drawing the analogy between friendships and relational contracts and revealing their morphological similarities, I offer a provocative window into friendship's contractual structure - and into relational contracts' approximation of friendships. The analogy I develop in the article is poised to replace the "relational contract as marriage" model, prevalent among relationalists. The new model developed here is more honest to relational contract theory and to marriage - and helps relational contract theory produce some new insights, support old ones, and revise some of its normative agenda.
Number of Pages in PDF File: 78
Keywords: contracts, relational theory, friendship, marriage
Date posted: March 13, 2009 ; Last revised: July 1, 2010
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