Unconscionability and Fairness: Comments on Wertheimer
Alan Wertheimer's paper on “Unconscionability and Contracts” presents an enlightening discussion of a complex and contentious legal concept. His primary objective is not to contribute to legal scholarship, but to use the law to shed light on the ethics of exchange relationships. Specifically, h...
Main Author: | |
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Format: | Electronic Article |
Language: | English |
Check availability: | HBZ Gateway |
Journals Online & Print: | |
Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
Published: |
1992
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In: |
Business ethics quarterly
Year: 1992, Volume: 2, Issue: 4, Pages: 498-504 |
Online Access: |
Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
Summary: | Alan Wertheimer's paper on “Unconscionability and Contracts” presents an enlightening discussion of a complex and contentious legal concept. His primary objective is not to contribute to legal scholarship, but to use the law to shed light on the ethics of exchange relationships. Specifically, he wants to “use the doctrine of unconscionability in contracts as a lens through which to get a clearer understanding of exploitation—its essential characteristics and moral force” (p. 480). It is apparent that he sees exploitation (and unconscionability) as closely linked to a more general notion of fairness. |
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ISSN: | 2153-3326 |
Contains: | Enthalten in: Business ethics quarterly
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Persistent identifiers: | DOI: 10.1017/S1052150X00009519 |