Unconscionability, unfair exploitation and the nature of contract theory: comments on Melvin Eisenberg's ‘Foundational Principles of Contract Law'

Open Access
Authors
Publication date 2013
Series Amsterdam Law School Legal Studies Research Paper, 2013-07
Number of pages 9
Publisher Amsterdam: University of Amsterdam
Organisations
  • Faculty of Law (FdR) - Centre for the Study of European Contract Law (CSECL)
Abstract This short paper contains comments prepared for the 'Foundational Principles of Contract Law Roundtable’ held at Berkeley in January 2013. It discusses the relationships between contract law and democracy, between contract prices and human dignity, and between the American doctrine of unconscionability and the European doctrine of unfair exploitation contained in the proposed Common European Sales Law.
Document type Working paper
Note Centre for the Study of European Contract Law Working Paper No. 2013-03. January 2013. Gebeurtenis: Symposium on the book ‘Foundational Principles of Contract Law'
Language English
Published at https://doi.org/10.2139/ssrn.2209752
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487132 (Submitted manuscript)
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