rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Contracts of Adhesion Between Law and Economics
    sub title: Rethinking the Unconscionability Doctrine
  name:
    name part: D'Agostino, Elena.
    role:
      role term: creator
    role:
      role term: author.
  name:
    name part: SpringerLink (Online service)
  type of resource: text
  origin info:
    place:
      place term: gw
    date issued: 2015
    issuance: monographic
  language:
    language term: eng
  physical description:
    form: electronic
    form: electronic resource
    reformatting quality: access
    form: remote
    extent: VI, 79 p. online resource.
  abstract: 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.
  table of contents: 1. The Unconscionability Doctrine in a Law & Economics Perspective -- 2. Market structure -- 3. Lack of sophistication -- 4. Voluntary Disclosure of Clauses -- 5. Public Intervention -- 6. Concluding remarks.
  note: by Elena D'Agostino.
  subject:
    topic: Law
  subject:
    topic: Law
    topic: Philosophy
  subject:
    topic: Private international law
  subject:
    topic: Conflict of laws
  subject:
    topic: International law
  subject:
    topic: Comparative law
  subject:
    topic: Trade
  subject:
    topic: Law and economics
  subject:
    topic: Law
  subject:
    topic: Theories of Law, Philosophy of Law, Legal History
  subject:
    topic: Law and Economics
  subject:
    topic: International Economic Law, Trade Law
  subject:
    topic: European Law
  subject:
    topic: Private International Law, International & Foreign Law, Comparative Law
  classification: K201-487
  classification: B65
  classification: K140-165
  classification: 340.1
  related item:
    title info:
      title: Springer eBooks
  related item:
    title info:
      title: SpringerBriefs in Law
  identifier: 9783319131146
  identifier: http://dx.doi.org/10.1007/978-3-319-13114-6
  record info:
    record creation date: 141121
    record change date: 20151204181256.0
    record identifier: 978-3-319-13114-6