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Contracts of Adhesion Between Law and Economics: Rethinking the Unconscionability Doctrine (SpringerBriefs in Law) by Elena D'Agostino (auth.) is a nonfiction available to read on EtoBox.

What is Contracts of Adhesion Between Law and Economics: Rethinking the Unconscionability Doctrine (SpringerBriefs in Law) about?

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 aspec

Who reads Contracts of Adhesion Between Law and Economics: Rethinking the Unconscionability Doctrine (SpringerBriefs in Law)?

Author

Elena D'Agostino (auth.)

Publisher

Springer International Publishing

Published

2015

Language

EN

ISBN

9783319131139

Category

nonfiction

Subjects

Business, Economics, Law