Economics Faculty Publications
Document Type
Article
Abstract
In 1971, W. David Slawson estimated that 99% of all contracts do not resemble the Platonic ideal of a document of jointly negotiated terms, but rather are lists of terms presented by one party to the other on a pre-printed form.2 Although this estimate is forty years old, it underestimates our cur-rent market exchange situation; the pervasiveness of form contracts stipulat-ed by one party has increased.3 Contract law generally provides for the enforcement of such contracts, allowing the powerful party to essentially govern over consumers and weaker parties.4 Classical contract theory allows for this enforcement of contracts based upon a number of assumptions about human nature and the bargaining process.
Copyright Statement
Publisher PDF
Repository Citation
Browne, M. Neil and Biksacky, Lauren, "Unconscionability and the Contingent Assumptions of Contract Theory" (2013). Economics Faculty Publications. 11.
https://scholarworks.bgsu.edu/econ_pub/11
Publication Date
2013
Publication Title
Michigan State Law Review
Start Page No.
211
End Page No.
255