Exploitative Contracts

Hardcover | March 10, 2004

byRick Bigwood

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Judges and scholars routinely use concepts such as 'exploitation' in a justificatory way. In the field of contract law, a finding of exploitation may excuse a party from the normal consequences of his or her manifested contractual assent. However, the meaning of exploitation is usually assumedfor this purpose, rather than elaborated. In fact, exploitation is a highly contested concept.Exploitative Contracts examines the 'essentially contestable' criteria of interpersonal exploitation claims. It puts forward a conception of exploitation: 'legal contractual exploitation', a form of wrongdoing that arises in connection with the formation of contracts. This notion is shown tounderpin traditional heads of relief in contract law, including unconscionable dealing, undue influence, unilateral mistake in equity, and 'lawful act' duress.Importantly, this notion of legal contractual exploitation conforms to the intellectual and institutional forms of order presupposed by the classic liberal conception of the contract. The wrongfulness of an act of exploitation must reside in some characteristic of the processes of contract formationrather than in some quality of the impugned contract itself.The doctrines of unconscionable dealing, duress, and undue influence are examined in detail in the light of what they each reveal about the 'process' conception of legal contractual exploitation. In turn, the volume explains how an understanding of these contract law doctrines can be enhanced by aproper conception of exploitation.

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Judges and scholars routinely use concepts such as 'exploitation' in a justificatory way. In the field of contract law, a finding of exploitation may excuse a party from the normal consequences of his or her manifested contractual assent. However, the meaning of exploitation is usually assumedfor this purpose, rather than elaborated. I...

Rick Bigwood joined the Faculty of Law at the University of Auckland in 1995. His main teaching responsibilities cover contract law and the law of personal property. Previously, he was a senior solicitor with the Federal Attorney-General's Department in Canberra, Australia. He has been General Editor of the New Zealand Universities La...

other books by Rick Bigwood

Format:HardcoverDimensions:584 pages, 9.21 × 6.14 × 1.38 inPublished:March 10, 2004Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198260636

ISBN - 13:9780198260639

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Table of Contents

1. Prospectus2. Operational Bargaining Norms: Contracting Beyond Utopia3. Contract and Justice: From Involuntariness to Exploitation4. Legal Contractual Exploitation5. Towards a Purely Processual Conception of Legal Contractual Exploitation6. Exploitation of Special Disadvantage: Unconscionable Dealing7. Contracting Under Duress8. Exploitation of Deferential Trust: Relational Undue Influence9. Beyond Legal Contractual Exploitation: Towards a Common Law Precept of Transactional CareReferences

Editorial Reviews

`The detail and referencing are awe-inspiring. The art of the elaborate introduction, the perceptive aside and the lengthy reminder of what has gone before, is not neglected either...The reader will find a lot more to it than just the elaboration of theory. The author is to be commended forsearching out the ideas and insisting on confronting the hard questions. If I were to study this subject in depth again, it is one of the books I would most want to have beside me.'Richard Sutton, Prof. Emeritus, Faculty of Law, University of Otago, Dunedin, New Zealand, European Review of Contract Law