Fixing Reasonable Expectations in European Contract Law

Abstract

Abstract The reasonable expectations standard permeates European contract law. An influential objection against reasonable expectations, related to it being formulated as a standard, is its apparent vagueness: it does not sufficiently specify its criteria, and is thus redundant in providing guidance for individuals’ behaviour. This article argues that European contract law clarifies the content of reasonable expectations by identifying different grounds for them – mandatory rules, action-based rules, default rules, indicative rules, industry-related rules and (unregulated) practices – and establishing a relatively structured hierarchy between them. For this reason, the standard of reasonable expectations contributes to effective guidance for the behaviour of subjects of European contract law.