ABSTRACT
This chapter wants to offer some short reflections, not on how we teach the law of contract given the many new technological options for presenting our lectures and seminars, but on how we relate the law of contract to technology-driven changes that are taking place in the transactional landscape. It suggests three key questions to be included in curriculum. They are how does law of contract fit in to the wider regulatory environment for transactions; as new transactional technologies become available and are taken up, should we try, like “coherentists”, to fit these developments into the existing body of doctrine or should we think about such matters in a more “regulatory-instrumental” way? and make of the possibility of regulatory restrictions or requirements being, so to speak, “designed into” the emerging technological platforms or infrastructures for contracts? The chapter draws a contrast between two modes of response: a “coherentist” mode and a “regulatory-instrumentalist” mode, which is more typical of legislative responses.
