Unconscionability and Contracts

Business Ethics Quarterly 2 (4):479-496 (1992)
Abstract
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)
ISBN(s) 1052-150X
DOI 10.2307/3857584
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history
Request removal from index
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 24,975
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles
Unconscionability and Fairness.J. Gregory Dees - 1992 - Business Ethics Quarterly 2 (4):497-504.
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.
Ulysses Contracts in Medicine.Tom Walker - 2012 - Law and Philosophy 31 (1):77-98.
Legally Enforceable Commitments.Michael D. Bayles - 1985 - Law and Philosophy 4 (3):311 - 342.
Business Ethics and Extant Social Contracts.Thomas W. Dunfee - 1991 - Business Ethics Quarterly 1 (1):23-51.
Contracts.Brian Bix - 2010 - In Franklin G. Miller & Alan Wertheimer (eds.), The Ethics of Consent: Theory and Practice. Oxford University Press.

Monthly downloads

Added to index

2011-01-09

Total downloads

38 ( #128,531 of 2,059,555 )

Recent downloads (6 months)

8 ( #103,068 of 2,059,555 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Order:
There  are no threads in this forum
Nothing in this forum yet.

Other forums