Cathy Hwang is Associate Professor of Law at the University of Utah S.J. Quinney College of Law; and Matthew Jennejohn is Robert W. Barker Professor of Law at Brigham Young University, J. Reuben Clark Law School. This post is based on their recent paper.
Complex contract structures are well understood by practitioners, but they are almost entirely overlooked by scholars. In our new paper Deal Structure, we argue that contract drafters can use contract structure to their advantage. Careful crafting of contract structure can nudge courts toward interpretive methods that lower litigation costs.
