utilitarian-economic model of contractual obligation unconscionability at the frontier
Read Online

utilitarian-economic model of contractual obligation unconscionability at the frontier by Megan Richardson

  • 650 Want to read
  • ·
  • 77 Currently reading

Published by Law and Economics Programme, Faculty of Law, University of Toronto in [Toronto] .
Written in English


  • Contracts.,
  • Obligations (Law)

Book details:

Edition Notes

Includes bibliographical references.

Statementby Megan Richardson.
SeriesLaw and economics workshop series -- WS 1995-96 (1)
ContributionsUniversity of Toronto. Faculty of Law. Law and Economics Programme.
The Physical Object
Pagination27 p. ;
Number of Pages27
ID Numbers
Open LibraryOL17107605M

Download utilitarian-economic model of contractual obligation unconscionability at the frontier


This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context.   The potential consequences of transactions costs with symmetric information are illustrated in Figure e two parties, A and B, wish to enter into a do so, however, they must expend costs c A and c B, those costs are sunk (e.g., lawyers are retained), the parties bargain over the contract the payoffs, in money, be a and b, by: Analyzing adhesion contracts in light of the evolving law of unconscionability, this article proposes ways in which to regulate mass transactions while preserving a liberty of contract that is Author: Omri Ben-Shahar. CONTRACTS Wikipedia º Category:Contract case law º Category:Contract law º Category:Sureties º Category:Tort law º Contract º United States contract law • Acquiescence acceptance, agreement or permission by silence, passiveness or by not making objections • Anticipatory repudiation declaration that the contractual party does not intend to abide by contractual obligations.

Party autonomy rallies almost unquestioned support in international contract law. However, it is controversial to define the borders and parameters of party autonomy. The Convention’s contractual theme is announced in parallel provisions that open Chapter II (Obligations of the Seller) and Chapter III (Obligations of the Buyer): Each party must perform all of the obligations "required by the contract" (Arts. 30 infra at § and §). This emphasis on the contract continues throughout the. It would be hard to exaggerate the importance of the unconscionability doctrine to federal arbitration law. In the last three decades, as the U.S. Supreme Court has expanded the scope of the Federal Arbitration Act (FAA), arbitration clauses have become a routine part of consumer, franchise, and employment contracts.   The architecture criticism blog McMansion Hell is back up and running days after a threatening cease-and-desist letter from Zillow Group scared the popular site’s creator into taking it .

Consensus, Dissensus, and Contractual Obligations Through the Prism of Uniform International Sales Law, 37 Virginia Journal of International Law () van ALSTINE, Michael P. Dynamic Treaty Interpretation, University of Pennsylvania Law . Audio Books & Poetry Community Audio Computers, Technology and Science Music, Arts & Culture News & Public Affairs Non-English Audio Spirituality & Religion. Librivox Free Audiobook. Andrea & Friends Anchor Podcast Mark Martian Acoustic Freestyles and .   Republic Productions, the famous cowboy movie star Gene Autry had a contract to perform to the defendant. He was drafted into the army in ; it was temporarily, at least, impossible for him to perform his movie contractual obligations incurred prior to his service. Richard E. Speidel, The New Spirit of Contract, 2 J.L. & Com. () (addressing the growing willingness of courts to modify contracts) [hereinafter Speidel, Spirit of Contract]; Richard E. Speidel, Unconscionability, Assent and Consumer Protection, 31 U. Pitt. L. Rev. () (discussing unconscionability as a defense to enforcing.