Business Ethics Quarterly 2 (4):479-496 (1992)
This article considers the principles that underlie the claim that some contracts are unconscionable and that such contracts should not be enforceable. It argues that it is much more difficult to explain unconscionability than is often supposed, particularly in cases where the contract is mutually advantageous or Pareto superior. Among other things, the article considers whether unconscionability is a defect in process or result, whether the gains in an unconscionable contract are disproportionate, whether there is a strong link between the use of standard forms and unconscionability, and whether the principle of inequality of bargaining power can account for unconscionability. After rejecting several standard explanations of unconscionability, I consider several alternative ways in which it might be explained
|Keywords||Applied Philosophy Business and Professional Ethics Social Science|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Unconscionability, Exploitation, and Hypocrisy.Rebecca Stone - 2014 - Journal of Political Philosophy 22 (1):27-47.
Reviving Ulysses Contracts.Ryan Spellecy - 2003 - Kennedy Institute of Ethics Journal 13 (4):373-392.
Incomplete Contracts and Complexity Costs.Luca Anderlini & Leonardo Felli - 1999 - Theory and Decision 46 (1):23-50.
Global Social Justice at the WTO? The Role of NGOs in Constructing Global Social Contracts.Baogang He & Hannah Murphy - manuscript -
Business Ethics and Extant Social Contracts.Thomas W. Dunfee - 1991 - Business Ethics Quarterly 1 (1):23-51.
Ties That Unwind: Dynamism in Integrative Social Contracts Theory. [REVIEW]Robert A. Phillips & Michael E. Johnson-Cramer - 2006 - Journal of Business Ethics 68 (3):283 - 302.
Added to index2011-01-09
Total downloads38 ( #128,531 of 2,059,555 )
Recent downloads (6 months)8 ( #103,068 of 2,059,555 )
How can I increase my downloads?
There are no threads in this forum
Nothing in this forum yet.