By (author) Rick Bigwood
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Exploitative Contracts by Rick Bigwood
Book DescriptionJudges 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 assumed for 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 to underpin 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 formation rather 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 a proper conception of exploitation.
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Book DetailsISBN: 9780198260639
(242mm x 161mm x 35mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 11-Dec-2003
Country of Publication: United Kingdom
Books By Author Rick Bigwood
Contract as Assumption, Hardback (April 2010)
In this book the author's previously published writings on the often misunderstood topics of contractual obligation and liability are assembled.
Permanent New Zealand Court of Appeal, Hardback (April 2009)» View all books by Rick Bigwood
This volume of essays celebrates the first 50 years in the life of the New Zealand Court of Appeal.
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Author Biography - Rick Bigwood
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 Law Review and is currently Co-editor of the New Zealand Law Review.
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