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Full-Text Articles in Law
Unconscionability And The Contingent Assumptions Of Contract Theory, M. Neil Browne, Lauren Biksacky
Unconscionability And The Contingent Assumptions Of Contract Theory, M. Neil Browne, Lauren Biksacky
Economics Faculty Publications
In 1971, W. David Slawson estimated that 99% of all contracts do not resemble the Platonic ideal of a document of jointly negotiated terms, but rather are lists of terms presented by one party to the other on a pre-printed form.2 Although this estimate is forty years old, it underestimates our cur-rent market exchange situation; the pervasiveness of form contracts stipulat-ed by one party has increased.3 Contract law generally provides for the enforcement of such contracts, allowing the powerful party to essentially govern over consumers and weaker parties.4 Classical contract theory allows for this enforcement of contracts based upon a …
Legal Tolerance Toward The Business Lie And The Puffery Defense: The Questionable Assumptions Of Contract Law, M. Neil Browne, Kathleen M.S. Hale, Maureen Cosgrove
Legal Tolerance Toward The Business Lie And The Puffery Defense: The Questionable Assumptions Of Contract Law, M. Neil Browne, Kathleen M.S. Hale, Maureen Cosgrove
Economics Faculty Publications
American contract law is supposed to facilitate the efficiency and fairness of market transactions between parties. Does the increasing success of the puffery defense in false advertising and securities cases further the fairness of transactions between companies with major advertising budgets and consumers? This Article contends that it does not.
Impact Of Market Ideology On Transnational Contract Law, M. Neil Browne, Jennifer Coon
Impact Of Market Ideology On Transnational Contract Law, M. Neil Browne, Jennifer Coon
Economics Faculty Publications
As world trade expands to the remotest of venues, commercial laws that encompass transnational jurisdictions become increasingly important. The appropriateness of these laws rely, inter alia, on the strength of the assumptive base supporting such transnational laws of commerce. As this article explains, transnational contract law'is not the product of the Immaculate Conception; it is the anachronistic progeny of certain European laws that emerged during the Industrial Revolution. As such, transnational contract law inherits many of the characteristics of its progenitors. Those characteristics, however, become awkward when viewed through a contemporary institutional context that diverges from the prevailing social arrangements …