The burden would be on him to justify departing from the default rule.

Firstly, it sets a default rule which, although one may opt out of it, that workers may work no more than 48 hours per week.

The application of a default rule leads to the addition of its consequence to the theory.

Practically, limited liability operates only as a default rule for creditors that can adjust their risk.

So, the default rule in s. 13(1) works well looking forward, but it creates a huge amount of transaction costs when looking backwards.