Abstract
A. INTRODUCTION B. THE MEANING OF LEGAL CERTAINTY (1) Predictability and consistency (2) Rules, principles and standards (3) Certainty and rule types (4) Certainty and vagueness of definition (5) Certainty and efficiency C. PROXIES FOR LEGAL UNCERTAINTY D. RESPONSES TO UNCERTAINTY (1) Eliminating or reducing uncertainty through contract terms (2) Allocating or transferring risk arising from legal uncertainty through contract terms (3) Creative compliance (4) Clearance, guidance and legal opinions E. THE PERSISTENCE OF UNCERTAINTY F. THREE EXAMPLES OF PERSISTENT UNCERTAINTY (1) The nineteenth century law on corporate personality and limited liability (2) The duty of disclosure in insurance (3) Material breach in contract law G. CONCLUSIONS
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