Overview
- Models contract complexity in the easiest possible way
- Analyzes theory and practice in relation to standard form contracts
- Explores how legal systems can be used to protect customers from fine prints
Part of the book series: SpringerBriefs in Law (BRIEFSLAW)
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Table of contents (6 chapters)
Keywords
About this book
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.
Authors and Affiliations
Bibliographic Information
Book Title: Contracts of Adhesion Between Law and Economics
Book Subtitle: Rethinking the Unconscionability Doctrine
Authors: Elena D'Agostino
Series Title: SpringerBriefs in Law
DOI: https://doi.org/10.1007/978-3-319-13114-6
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: The Author(s) 2015
Softcover ISBN: 978-3-319-13113-9Published: 05 December 2014
eBook ISBN: 978-3-319-13114-6Published: 21 November 2014
Series ISSN: 2192-855X
Series E-ISSN: 2192-8568
Edition Number: 1
Number of Pages: VI, 79
Topics: Theories of Law, Philosophy of Law, Legal History, Law and Economics, International Economic Law, Trade Law, European Law, Private International Law, International & Foreign Law, Comparative Law