Formal contract costs may rival extralegal handshake enforcement costs. [contrarian]
It is not clear, however, a priori that these costs are necessarily higher than those incurred in the formation of an extralegal contract consummated with a handshake. Because the ability of the promisee to enforce an extralegal contract depends on the posting of a reputation bond
Lisa Bernestein, Opting out of the Legal Sys…, loc. 126