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Illegal Contacts And Efficient Deterrence: A Study In Modern Contract Theory, Juliet P. Kostritsky
Illegal Contacts And Efficient Deterrence: A Study In Modern Contract Theory, Juliet P. Kostritsky
Faculty Publications
This Article offers a unified theory that explains why courts, despite the compelling argument for deterrence, should not apply the no-effect rule of illegal contracts uniformly and why they should vary the type of relief according to the factual setting. It posits that a graduated relief structure will maximize efficient deterrence. An efficient deterrence scheme will preserve limited personal, judicial and societal resources without burdening legitimate transactions.