Document Type


Publication Date

Fall 10-2016

Journal / Book Title

Alabama Review


Rather, it was the product of a conscious policy choice by early nineteenth century jurists to "overthrow" an equitable theory of contract, wherein a good was thought to have an objective value, which courts could determine, independent of the value placed on it by the parties to the contract. [...] historians like Horwitz have interpreted the "buyer beware" rule as a "procommercial [sic] attack"-a conscious judicial policy choice to favor sellers over buyers-upon communal values, which essentially separated law from morals and created a harsher, more speculative, more individualistic, and combative marketplace

Published Citation

Drake, Ian. "The Alabama way: Independent courts and policymaking in Alabama." Alabama Review 69.4 (2016): 296-320.