Unconscionability, Unfair Exploitation and the Nature of Contract Theory - Comments on Melvin Eisenberg's ‘Foundational Principles of Contract Law'

11 Pages Posted: 2 Feb 2013

See all articles by Martijn W. Hesselink

Martijn W. Hesselink

European University Institute; University of Amsterdam

Date Written: January 31, 2013

Abstract

This short paper contains comments prepared for the 'Foundational Principles of Contract Law Roundtable’ held at Berkeley in January 2013. It discusses the relationships between contract law and democracy, between contract prices and human dignity, and between the American doctrine of unconscionability and the European doctrine of unfair exploitation contained in the proposed Common European Sales Law.

Keywords: contract theory, unconscionability, unfair exploitation, Common European Sales Law, democracy, human dignity, community

JEL Classification: K12

Suggested Citation

Hesselink, Martijn W., Unconscionability, Unfair Exploitation and the Nature of Contract Theory - Comments on Melvin Eisenberg's ‘Foundational Principles of Contract Law' (January 31, 2013). Centre for the Study of European Contract Law Working Paper Series No. 2013-03; Amsterdam Law School Research Paper No. 2013-07. Available at SSRN: https://ssrn.com/abstract=2209752 or http://dx.doi.org/10.2139/ssrn.2209752

Martijn W. Hesselink (Contact Author)

European University Institute ( email )

Villa Salviati
Via Bolognese 156
Florence, 50139
Italy

University of Amsterdam ( email )

University of Amsterdam, Faculty of Law
P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

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