Wouldn’t it depend on whether either (or parties) believe they were entering into a contract that would be governed by halacha, or one governed by American law. For example, American law allows sometimes outrageous interest, but allows the debtor not to pay. American law affords a very liberal share of estates to widows, but only if the estate is solvent, whereas any business dealing under halacha assumes that if the other party dies, his wife will get her share before the other creditors get paid. American law clearly allows parties to enter into a bargain that the contract is to be based on halacha, so does halacha allow the same amount of freedom of contract?
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