Chicago’s Best Ideas: “Interpreting Contracts via Surveys and Experiments” with Lior Strahilevitz

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Add to Calendar 2018-01-31 12:15:00 2018-01-31 13:20:00 Chicago’s Best Ideas: “Interpreting Contracts via Surveys and Experiments” with Lior Strahilevitz Event details: https://www.law.uchicago.edu/events/chicagos-best-ideas-interpreting-contracts-surveys-and-experiments-lior-strahilevitz - University of Chicago Law School blog@law.uchicago.edu America/Chicago public
Room II
1111 East 60th Street, Chicago, Illinois 60637
Open to the public

Interpreting the language of contracts is the most common and least satisfactory task courts perform in contract disputes. In this Chicago’s Best Ideas lecture Professor Strahilevitz proposes to take much of this task out of the hands of lawyers and judges, entrusting it instead to the public. Strahilevitz’s research (written jointly with Professor Ben-Shahar) develops and tests a novel regime — the “survey interpretation method” — in which interpretation disputes are resolved though large surveys of representative respondents, by choosing the meaning that a majority supports. This method has rich potential to examine variations of contractual language that could have made an intended meaning clearer. A similar survey regime has been applied successfully in trademark and unfair competition law to interpret precontractual messages. To demonstrate the technique, Professor Strahilevitz will apply the survey interpretation method to several real cases in which courts struggled to interpret contracts.