Unconscionability, Unfair Exploitation and the Nature of Contract Theory - Comments on Melvin Eisenberg's ‘Foundational Principles of Contract Law'

Abstract

This short paper contains comments prepared for the 'Foundational Principles of Contract Law Roundtable’ held at Berkeley in January 2013. It discusses the relationships between contract law and democracy, between contract prices and human dignity, and between the American doctrine of unconscionability and the European doctrine of unfair exploitation contained in the proposed Common European Sales Law.