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.
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
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ISBN-13
978-0-19-825750-9 (9780198257509)
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Schweitzer Klassifikation
Part 1 Contract formation and terms: formation of the contract; incorporation of written terms; contracts reduced to writing. Part 2 Misrepresentation: remedies for misrepresentation; rescission for misrepresentation; damages for misrepresentation; cumulation of remedies. Part 3 Pressure and abuse of position: duress; undue influence; abuse of bargaining position. Part 4 Conclusions: common themes; a contrast.