This course will be taught entirely online via Zoom.
Most first year contracts classes emphasize free, uncoerced agreements chosen by parties of roughly comparable bargaining power. But most contracts that bind individuals do not reflect this reality; most involve non-negotiable terms contained in consumer or employment agreements, under conditions that reflect extreme inequality of bargaining power. This course will evaluate doctrines of unconscionability, coercion, and/or duress and their limits as tools for mitigaing inequality bargaining power, while paying special attention to philosophical defenses and criticisms of these doctrines.
Encarnacion, Erik