The Limitations of Economic Reasoning in Analyzing Duress

20 Pages Posted: 15 Jan 2016

See all articles by Shawn Bayern

Shawn Bayern

Florida State University - College of Law

Date Written: July 7, 2015

Abstract

My colleagues and friends, Mark Seidenfeld and Murat Mungan, have made an interesting attempt to reduce the doctrine of duress in contract law to an inquiry about “rentseeking,” by which they mean attempts to redistribute rather than to produce wealth. There is much truth in their argument, and they are admirably sensitive to many factors that should be, and are, important in contract-modification cases. I do not think they have shown, however, that duress can workably be reduced to a simple formulation in the way they intend — or that even if it could, it would serve the functional or even simply the instrumental goals of contract law to do so.

Keywords: duress, economics, contract law

JEL Classification: K16

Suggested Citation

Bayern, Shawn J., The Limitations of Economic Reasoning in Analyzing Duress (July 7, 2015). Minnesota Law Review, Vol. 99, p. 141, 2015, FSU College of Law, Public Law Research Paper No. 784, FSU College of Law, Law, Business & Economics Paper No. 16-1, Available at SSRN: https://ssrn.com/abstract=2715028

Shawn J. Bayern (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States

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