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Item Details
| Title:
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EXPLOITATIVE CONTRACTS
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| By: |
Rick Bigwood |
| Format: |
Hardback |
| List price:
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£207.50 |
| Our price: |
£181.56 |
| Discount: |
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| You save:
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£25.94 |
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| ISBN 10: |
0198260636 |
| ISBN 13: |
9780198260639 |
| Availability: |
Usually dispatched within 1-3 weeks.
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| Stock: |
Currently 0 available |
| Publisher: |
OXFORD UNIVERSITY PRESS |
| Pub. date: |
11 December, 2003 |
| Pages: |
584 |
| Description: |
This volume explores the philosophical concept of 'exploitation' in the law relating to the formation of contracts. It discusses the criteria for a claim of 'legal contractual exploitation'. These criteria reveal a conception of exploitation that is sensitive to the conceptual, institutional, and administrative distinctions associated with the classic liberal conception of the contract. The consequences of this conception of exploitation upon the contract lawdoctrines of unconscionable dealing, duress, and undue influence are examined in depth. |
| Synopsis: |
Judges and scholars routinely use concepts such as 'exploitation' in a justificatory way. In the field of contract law, a finding of exploitation may excuse a party from the normal consequences of his or her manifested contractual assent. However, the meaning of exploitation is usually assumed for this purpose, rather than elaborated. In fact, exploitation is a highly contested concept. Exploitative Contracts examines the 'essentially contestable' criteria of interpersonal exploitation claims. It puts forward a conception of exploitation: 'legal contractual exploitation', a form of wrongdoing that arises in connection with the formation of contracts. This notion is shown to underpin traditional heads of relief in contract law, including unconscionable dealing, undue influence, unilateral mistake in equity, and 'lawful act' duress. Importantly, this notion of legal contractual exploitation conforms to the intellectual and institutional forms of order presupposed by the classic liberal conception of the contract.The wrongfulness of an act of exploitation must reside in some characteristic of the processes of contract formation rather than in some quality of the impugned contract itself. The doctrines of unconscionable dealing, duress, and undue influence are examined in detail in the light of what they each reveal about the 'process' conception of legal contractual exploitation. In turn, the volume explains how an understanding of these contract law doctrines can be enhanced by a proper conception of exploitation. |
| Publication: |
UK |
| Imprint: |
Oxford University Press |
| Prizes: |
Winner of Winner of the JF Northey Memorial Book Award 2003. |
| Returns: |
Returnable |
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