Duress in Contracts: An Economic Analysis
University of Hull; University of Toronto - Faculty of Law; Tilburg Law and Economics Center (TILEC)
November 2, 2009
CONTRACT LAW AND ECONOMICS, Encyclopedia of Law and Economics, Second Edition Vol 6, pp. 57–79, Gerrit de Geest ed., Cheltenham, UK – Northampton, MA: Edward Elgar 2011
TILEC Discussion Paper No. 2009-041
This paper is forthcoming as a chapter in Contract Law and Economics, ed. Gerrit de Geest (Cheltenham: Elgar 2009) [Elgar Encyclopedia of Law and Economics 2nd ed.] and its goal is to provide an overview of the economic analyses of contractual duress. The focus is on distinctive features of the economic perspective on the duress doctrine, as developed in the theoretical literature of law and economics. Before discussing the results of economic analysis, the legal background and some non-economic theories of duress are briefly presented.
Number of Pages in PDF File: 20
Keywords: contact formation, holdup, duress, coercion, necessity, economic duress
JEL Classification: K00, K12
Date posted: November 4, 2009 ; Last revised: August 24, 2011
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