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The Resource Contracts of adhesion between law and economics : rethinking the unconscionability doctrine, Elena D'Agostino, (electronic book)

Contracts of adhesion between law and economics : rethinking the unconscionability doctrine, Elena D'Agostino, (electronic book)

Label
Contracts of adhesion between law and economics : rethinking the unconscionability doctrine
Title
Contracts of adhesion between law and economics
Title remainder
rethinking the unconscionability doctrine
Statement of responsibility
Elena D'Agostino
Creator
Author
Subject
Language
eng
Summary
This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer?s psychology and seller?s drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole
Member of
Cataloging source
N$T
http://library.link/vocab/creatorDate
1981-
http://library.link/vocab/creatorName
D'Agostino, Elena
Dewey number
346.73
Index
no index present
LC call number
KF808
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
Series statement
Springer briefs in law
http://library.link/vocab/subjectName
  • Unconscionable contracts
  • Economics
Label
Contracts of adhesion between law and economics : rethinking the unconscionability doctrine, Elena D'Agostino, (electronic book)
Instantiates
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references
Color
multicolored
Contents
1. The Unconscionability Doctrine in a Law & Economics Perspective -- 2. Market structure -- 3. Lack of sophistication -- 4. Voluntary Disclosure of Clauses -- 5. Public Intervention -- 6. Concluding remarks
Control code
SPR896824927
Dimensions
unknown
Extent
1 online resource.
File format
unknown
Form of item
  • online
  • electronic
Isbn
9783319131139
Quality assurance targets
unknown
Sound
unknown sound
Specific material designation
remote
Label
Contracts of adhesion between law and economics : rethinking the unconscionability doctrine, Elena D'Agostino, (electronic book)
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references
Color
multicolored
Contents
1. The Unconscionability Doctrine in a Law & Economics Perspective -- 2. Market structure -- 3. Lack of sophistication -- 4. Voluntary Disclosure of Clauses -- 5. Public Intervention -- 6. Concluding remarks
Control code
SPR896824927
Dimensions
unknown
Extent
1 online resource.
File format
unknown
Form of item
  • online
  • electronic
Isbn
9783319131139
Quality assurance targets
unknown
Sound
unknown sound
Specific material designation
remote

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