Dealers resort to formal contracts where courts would misread industry custom without them.
Evidence
Legally enforceable contracts are sometimes used in consignments because these transactions are often interpreted in the course of legal proceedings, and without them courts tend to interpret the meaning of an intraindustry consignment agreement in ways that are strongly at odds with industry custom and the intent of the original contracting parties. — Lisa Bernestein, Opting out of the Legal System, 277
Categorization
- XREF: connects to: Courts sometimes reach wrong outcomes to avoid bad future rules — Frederick Schauer, Thinking Like a Lawyer, 548
Broader Connections
- Courts sometimes reach wrong outcomes to avoid bad future rules
#complicates(0.75) — Frederick Schauer, Thinking Like a Lawyer, 548