Default Rules Theory: Implications on Teaching Contract Law in India

Abstract

There is a wide gap between what is taught in classroom and that which is practised in law: this is an oft-made complaint. Various efforts have been taken in India to bridge this gap, but such efforts have not been regarded as adequate. How this serious shortcoming can be addressed has been the subject of various debates, not only in India but also world-over. Numerous solutions have been proposed to address this issue. There can be no single answer to the various challenges that this gap poses. One such solution is the default rules theory. This article explores the potential of default rules theory in bridging the gap between law as taught in the classroom and law in practice. It explains with illustrations how the theory can promote better understanding of contract law doctrines in action and enable a nuanced critique of contract law. This article argues that legal academia misses out by not including the default rules theory in legal analysis and critique.