Private Law Theory

“Unconscionability and the Contingent Assumptions of Contract Theory, 2013 Mich St L Rev 211 (2013), by Dr M Neil Browne and Lauren Biksacky, argues that basic assumptions of liberal contract theory – for example, that contracts are made by rational and informed parties – don’t hold. Therefore, courts should find more contracts unconscionable. This short article would be a nice primer for law students on basic liberal contract theory, especially in conjunction with some Judge Posner readings …” (more)

[Kenneth Ching, ContractsProf Blog, 4 December]

First posted 2013-12-05 07:36:29