For articles pointing the way to this approach, see, e.g., Ian Ayres & Robert Gertner, Filling Gaps In Incomplete Contracts: An Economic Theory of Default Rules, 99 YALE L.J. 87 (1989); Douglas G. Baird, The Boilerplate Puzzle, 104 MICH.L. REV. 933 (2006). See also Stephen J. Choi & G. Mitu Gulati, Contract As Statute, 104 MICH. L. REV. 1129 (2006); David Gilo & Ariel Porat, The Hidden Roles of Boilerplate and Standard-Form Contracts: Strategic Imposition of Transaction Costs, Segmentation of Consumers, and Anticompetitive Effects, 104 MICH. L. REV. 983 (2006). Of course, my ideas, like those of so many other writers on contracts would likely never have developed if it were not for Stewart Macaulay's contributions
over the past fifty years. He has always preferred results to elegant overarching theories. Results are what we're supposed to achieve as lawyers. Stewart, at least, has always got this right.