Author: Nonstikelelo Pearl LugomoPublisher:
ISBN:
Category : Common law
Languages : en
Pages : 108
Book Description
Unequal Bargaining Power in the Law of Contract
Author: Nonstikelelo Pearl LugomoPublisher:
ISBN:
Category : Common law
Languages : en
Pages : 108
Book Description
Power, Inequality and the Bargain
Author: Daniel D. BarnhizerPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
In the Spring of 2006, I was privileged to host and moderate symposium presentations by an extraordinarily talented group of scholars who gathered at Michigan State University College of Law to analyze and discuss the role and relevancy of the legal concept of bargaining power in twenty-first century contract law. Just as dramatic social, political, and economic changes at the turn of the twentieth century drove the development of legal conceptions of bargaining power disparities and introduced those conceptions as explicit elements of many contract doctrines, the turn of the twenty-first century may prove similarly transformative. This symposium issue includes contributions by W. David Slawson, Larry A. DiMatteo, Blake D. Morant, Rachel Arnow-Richman, Curtis Bridgeman, and James F. Hogg that explore the appropriate role of bargaining power as a legal concept in the now-mature information era, with each participant developing their own unique perspective on how and whether such issues impact the regulation of contract.
Unfair Contracts
Author: Sinai DeutchInequality of Bargaining Power
Author: Robert W. ClarkPublisher: Taylor & Francis
ISBN: 9780459388409
Category : Contracts
Languages : en
Pages : 255
Book Description
Contract Law in Perspective
Author: Publisher: Routledge
ISBN: 1134066759
Category :
Languages : en
Pages : 261
Book Description
Contract Law in Perspective
Author: Linda MulcahyPublisher: Psychology Press
ISBN: 9781859417713
Category : Contracts
Languages : en
Pages : 306
Book Description
This book approaches contract law from its social, political and economic context and by doing so aims to broaden understanding and appreciation of the subject at a level which is suitable for students. Legal and business perspectives are introduced, as are some sociological and economic ideas and influences.
The Role of Unequal Bargaining Power in Challenging the Validity of a Contract in South African Contract Law
Author: Micosha PalaneePublisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 158
Book Description
Distributive and Paternalist Motives in Contract and Tort Law, with Special Reference to Compulsory Terms and Unequal Bargaining Power
Author: Duncan KennedyPublisher:
ISBN:
Category : Contracts
Languages : en
Pages : 96
Book Description
Contract Law in Perspective
Author: Linda MulcahyPublisher: Routledge
ISBN: 1134066740
Category : Law
Languages : en
Pages : 261
Book Description
Contract Law in Perspective complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social, political and economic contexts. It increases students' understanding of the law of contract as well as convinces them why it is so important to us all. In addition to describing the key doctrines in the field, it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book broadens understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This fifth edition: has been substantially revised and now includes sections on privity and the Rights of Third Parties Act as well as a discussion of the Law Commision's Unfair Terms in Contract draft bill includes new chapter introductions and summaries designed to help students identify the key points and reflect on what they have learnt provides advice on further reading pointing students towards sources for more detailed study now includes additional self-test questions for students at the end of each chapter to enable them to consolidate and practice at regular intervals.
In and Out -- Contract Doctrines in Action
Author: Danielle Kie HartPublisher:
ISBN:
Category :
Languages : en
Pages : 91
Book Description
This Article was written to test a hypothesis, namely, that it is easy to get into a contract but very difficult to get out of one. After reviewing case law from the Seventh and Ninth Circuits, contract law in action suggests that reality may be slightly different from theory. That is, the data from the cases show that it may not be so easy to get into a contract in practice, but it is extremely difficult to get out of one. Pacta sunt servanda seems to be alive and well in twenty-first century contract law. Perhaps the more significant finding from the cases, however, is that the party with more bargaining power tends to get the outcome that it wants in a given case, regardless of its preferred outcome. The implications of this finding are unsettling to say the least, in large part because it is so difficult to get out of a contract once it is formed. More specifically, misuse of unequal bargaining power by the stronger party during formation of the contract will likely go unchecked, the weaker party will be locked into whatever bargain is made, and the stronger party will get to keep even “ill-gotten gains,” so to speak, because the contract and all of its terms (both reasonable and unreasonable) will be binding. Any solution to the problems confronting contract law, therefore, will have to address bargaining power directly and effectively, which is by no means an easy task as the Home Affordable Mortgage Program (HAMP) reveals. Nevertheless, this task is one worth undertaking given that any discussion of contract law is, at least in part, also a discussion of contract law's place within the American legal system and that system's role in helping us to live up to our individual and collective aspirations.