During a discussion yesterday in my contract-drafting class, I pointed out that —
- Contracts are not computer programs that will be carried out, exactly as written, by mindless, disinterested robots. Quite the opposite: contracts try to encourage human beings. We generally aren’t mindless, and often we’re anything but disinterested;
- Legal obligations are just one type of human motivator in the toolkit. Steven Weatherley gets it right in his groundbreaking Pathclearer article: Legal obligations are a blunt instrument: They can be difficult, expensive, uncertain, and time-consuming to enforce.