The Corporation as a Nexus of Contracts and ...

The Corporation as a Nexus of Contracts and Autonomy

Author Name : Rajesh Kumar

One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While clearly amazing, this contention at last comes up short since it certainly accept hypotheses of the enterprise inconsistent with monetary speculations of law. Financial matters thus offer a dream of the firm that is very affable to self-rule hypotheses of agreement. The disappointment of this contention recommends that an increasingly productive road for accommodating these contending methodologies is to locate a principled method for incorporating them into a solitary hypothesis.