Unequal Bargaining: A Study of Vitiating Factors in the Formation of Contracts

John Macdonald Cartwright

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Legal principles and applications European and International Contract Law Law, Economics, and Judicial Systems

Abstract

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.

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1998The Private Provision of Urban Infrastructure: Financial Intermediation through Long-term Contracts 2012Inequality of bargaining power and the doctrine of unconscionability: Towards substantive fairness in commercial contracts

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