16 Pages Posted: 18 Dec 2003
Williams v. Walker-Thomas Furniture Company is a casebook favorite, taught in virtually every first-year Contract Law class. In the case, the D.C. Circuit holds that courts have the power to deny enforcement of contract terms if the terms are "unconscionable," and it remands the case to the lower court to consider whether the facts of the case meet this standard. This article, written for a session of the 2004 AALS Annual Meeting sponsored by the Contracts Section, analyzes the question that the D.C. Circuit posed to the lower court in Williams - and that Contracts teachers routinely pose to their students - from a "traditional" law-and-economics perspective, and from a "behavioral" law-and-economics perspective.
Suggested Citation: Suggested Citation
Korobkin, Russell B., A 'Traditional' and 'Behavioral' Law-and-Economics Analysis of Williams v. Walker-Thomas Furniture Company. University of Hawaii Law Review, Vol. 26, p. 441, 2004; UCLA School of Law, Law & Econ. Research Paper No. 03-24. Available at SSRN: https://ssrn.com/abstract=471961 or http://dx.doi.org/10.2139/ssrn.471961
By Eric Posner