Unequal Bargaining

Unequal Bargaining
Author: John Cartwright
Publisher: Oxford University Press
Total Pages: 252
Release: 1991
Genre: History
ISBN: 9780198257509

A detailed consideration of the invalidating factors--duress, undue influence, misrepresentation, and unconscionable bargains--which may be present in a contract, form the core of Unequal Bargaining. Cartwright sets these factors firmly in the context of the formation of the contract, as well as when and how it is constructed. He then identifies the unifying principle of these vitiating factors, based on the responsibility of each party involved at the moment of contracting.

Cyber Consumer Law and Unfair Trading Practices

Cyber Consumer Law and Unfair Trading Practices
Author: Cristina Coteanu
Publisher: Routledge
Total Pages: 288
Release: 2017-03-02
Genre: Law
ISBN: 1351946579

Of great interest to practitioners, policymakers and academics - as well as to consumers and traders in general - this timely work addresses all important legal and practical issues that arise in connection with online trading. This important work outlines the existing legislation and legal jurisprudence in the EU and the US and exposes the potential for unfair commercial practices to arise from online contracts, electronic agents, disclosure of information, online advertising and online dispute resolution in cross-border transactions. The continuing prevalence of unfair commercial practices will ensure this book remains in great demand.

Democratic Deals

Democratic Deals
Author: Melissa Schwartzberg
Publisher: Harvard University Press - T
Total Pages: 211
Release: 2024-06-11
Genre: Political Science
ISBN: 0674296990

Two leading scholars of democracy make the case for political bargaining and define its proper limits. Bargains—grand and prosaic—are a central fact of political life. The distribution of bargaining power affects the design of constitutions, the construction of party coalitions, legislative outcomes, judicial opinions, and much more. But can political bargaining be justified in theory? If it inevitably involves asymmetric power, is it anything more than the exercise of sublimated force, emerging from and reifying inequalities? In Democratic Deals, Melissa Schwartzberg and Jack Knight defend bargaining against those who champion deliberation or compromise, showing that, under the right conditions and constraints, it can secure political equality and protect fundamental interests. The challenge, then, is to ensure that these conditions prevail. Drawing a sustained analogy to the private law of contracts—in particular, its concepts of duress and unconscionability—the authors articulate a set of procedural and substantive constraints on the bargaining process and analyze the circumstances under which unequal bargaining power might be justified in a democratic context. Institutions, Schwartzberg and Knight argue, can facilitate gains from exchange while placing meaningful limits on the exercise of unequal power. Democratic Deals examines frameworks of just bargaining in a range of contexts—constitution-making and legislative politics, among judges and administrative agencies, across branches of government, and between the state and private actors in the course of plea deals. Bargaining is an ineradicable fact of political life. Schwartzberg and Knight show that it can also be essential for democracy.

Glannon Guide to Contracts

Glannon Guide to Contracts
Author: Theodore Silver
Publisher: Aspen Publishing
Total Pages: 726
Release: 2024-03-12
Genre: Law
ISBN: 1543857744

Thoroughly teaching all legal terrain through which your first-year contracts course will lead you, the Fourth Edition of The Glannon Guide to Contracts will stand by your side as a constant course companion. Its user-friendly style, its stories, its scenarios, and its illustrations, make contract law come alive, turning your course into an adventure of intellectual fun as, meanwhile, you learn the law of first-year contracts--all of it. Like all Glannon Guides, this book is interactive; it's replete with multiple choice problems--one after another, after another--each one requiring that you take hold of human dealings and events and apply to them the law you've learned, with each problem followed by elaborate analyses as to why--exactly why--the right answers are right, and why--exactly why--the wrong ones are wrong. For the first-year law student, The Glannon Guide to Contracts cuts a clear and lighted path from the first day of class to the final exam. New to the Fourth Edition: Discussion of the Supreme Court overruling of Roe v. Wade Revisions and updates to the examples throughout Professors and students will benefit from: A friendly, engaging teaching style that quickly draws students close to the subject of contracts. Exhaustive coverage of all first-year contract law Multiple choice problems and analyses that unceasingly put the students' learning to the test to shore up and sharpen their mastery of the law and its application Suitability to professors' diverse organization of their syllabi, whether they begin their courses with contract formation, consideration, or remedies