Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 2-302 (1)
- AVC test (1)
- Adhesion (1)
- Antitrust (1)
- Areeda-Turner (1)
-
- Attribution (1)
- Behavioral economics (1)
- Click-wrap (1)
- Comparative law (1)
- Competition (1)
- Consumer law (1)
- Consumer protection (1)
- Contract enforcement (1)
- Contract language (1)
- Contract morality (1)
- Duty to read (1)
- Empirical legal studies (1)
- Informed consent (1)
- Law and psychology (1)
- Legal history (1)
- Monopolization (1)
- Moral judgments and intuitions (1)
- Opportunity to read (1)
- Predatory pricing (1)
- Price discrimination (1)
- Procedural justice (1)
- Recoupment (1)
- Rolling contracts (1)
- Standard form contracts (1)
- Standard terms law (1)
Articles 1 - 5 of 5
Full-Text Articles in Legal History
Predatory Pricing Under The Areeda-Turner Test, Herbert J. Hovenkamp
Predatory Pricing Under The Areeda-Turner Test, Herbert J. Hovenkamp
All Faculty Scholarship
Few works of legal scholarship have had the impact enjoyed by Areeda and Turner's 1975 article on predatory pricing. Proof of predatory pricing under the Areeda-Turner test requires two things. The plaintiff must show a market structure such that the predator could rationally foresee "recouping the losses through higher profits earned in the absence of competition." This requirement, typically called "recoupment," requires the plaintiff to show that, looking from the beginning of the predation campaign, the predator can reasonably anticipate that the costs of predation will be more than offset by the present value of a future period of monopoly …
A Psychological Account Of Consent To Fine Print, Tess Wilkinson-Ryan
A Psychological Account Of Consent To Fine Print, Tess Wilkinson-Ryan
All Faculty Scholarship
The moral and social norms that bear on contracts of adhesion suggest a deep ambivalence. Contracts are perceived as serious moral obligations, and yet they must be taken lightly or everyday commerce would be impossible. Most people see consent to boilerplate as less meaningful than consent to negotiated terms, but they nonetheless would hold consumers strictly liable for both. This Essay aims to unpack the beliefs, preferences, assumptions, and biases that constitute our assessments of assent to boilerplate. Research suggests that misgivings about procedural defects in consumer contracting weigh heavily on judgments of contract formation, but play almost no role …
The Consumer Compromise In Revised U.C.C. Article 9: The Shame Of It All, Charles W. Mooney Jr.
The Consumer Compromise In Revised U.C.C. Article 9: The Shame Of It All, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Standard Terms Contracting In The Global Electronic Age: European Alternatives, James Maxeiner
Standard Terms Contracting In The Global Electronic Age: European Alternatives, James Maxeiner
All Faculty Scholarship
This article examines American, European Union and German standard terms laws from an American perspective. It considers not only current law, but significant aspects of the development of these bodies of law. It sets out general issues involved in standard terms laws and summarizes American law. It notes the origin of American concepts in Europe and examines standard terms in the struggle over revision of the Uniform Commercial Code. It looks at the law of the European Union and its origin in the consumer movement. It considers in detail the law of one Member State as an example, that of …
Procedural Aspects Of The Consumer Product Safety Act, Antonin Scalia, Frank Goodman
Procedural Aspects Of The Consumer Product Safety Act, Antonin Scalia, Frank Goodman
All Faculty Scholarship
No abstract provided.