Encyclopedia of Law and Economics

2019 Edition
| Editors: Alain Marciano, Giovanni Battista Ramello

Naïve Consumers: Contract Economics

  • Elena D’AgostinoEmail author
Reference work entry
DOI: https://doi.org/10.1007/978-1-4614-7753-2_709


Consumers are viewed as a weak contract party by both lawyers and economists, although with some distinctions. The unconscionability theory addresses consumers’ naïvety, to be intended as partial or total incapacity of understanding contract terms, as a reason for public intervention. Economists as well agree that law must protect consumers against sellers’ abuses, especially when contracts contain add-ons or are preprinted and no bargaining is allowed.

How law should intervene is still an open question. On the one hand, lawyers point out that courts should not enforce contract clauses literally but rather should replace them with terms that consumers could have reasonably expected and approved. On the other hand, economists focus on how sellers exploit naïve consumers and warn that regulation may turn out pejorative if it is not able to educate naïve consumers or if it allows the seller to raise the price up when forced to offer good terms.

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  1. Armstrong M, Chen Y (2009) Inattentive consumers and product quality. J Eur Econ Assoc 7(2–3):411–422CrossRefGoogle Scholar
  2. D’Agostino E, Seidmann DJ (2016) Protecting buyers from fine print. Eur Econ Rev 89:42–54CrossRefGoogle Scholar
  3. Ellison G, Ellison SF (2009) Search, obfuscation and price elasticities on the internet. Econometrica 77(2):427–452CrossRefGoogle Scholar
  4. Gabaix X, Laibson G (2006) Shrouded attributes, consumer myopia, and information suppression in competitive markets. Q J Econ 121:505–540CrossRefGoogle Scholar
  5. Korobkin R (2003) Bounded rationality, standard form contracts, and unconscionability. Univ Chicago Law Rev 70:1203–1295CrossRefGoogle Scholar

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© Springer Science+Business Media, LLC, part of Springer Nature 2019

Authors and Affiliations

  1. 1.Department of EconomicsUniversity of MessinaMessinaItaly