Comparing Contexts: Technical Standards and Contract Law

In this chapter, I draw on Pardolesi’s insights in two ways. Firstly, I argue that exploring the interplay among legal regimes represents one of the best ways to identify the contextual factors affecting the interpretation of rules. I develop this argument from the point of view of methodological debates in comparative legal studies. But contextual analysis is clearly relevant in domestic settings as well. Secondly, I use the case law on contractual disputes related to quality issues to explore the impact of technical standards on traditional contract law concepts. This is an example of interplay among national, supranational and international legal regimes which helps show how to bridge methodological differences in comparative contextual analyses.