Pruritus
发表于 2025-3-23 13:13:14
Market Structure,We reject the market structure hypothesis, as theorized by Kessler (1943), who argued that the risk of unfair clauses is very high especially in those markets in which sellers have market power, above all in the case of a monopoly. By contrast, we prove that unfair clauses are ubiquitous across market structures.
APEX
发表于 2025-3-23 16:33:17
Lack of Sophistication,We now relax the assumption of consumer sophistication and include (some) naive consumers in the analysis, defined as those consumers who do not care about clauses in fine print or simply do not realize the presence of these clauses, and therefore do not read.
Aboveboard
发表于 2025-3-23 19:17:06
Public Intervention,We now analyze how legal systems have addressed the problems related to the usage of contracts of adhesion. In particular, we will compare a common law system, such as the US system, with a civil law system, such as the German system. We will also analyze how the latter has influenced the EU legislation culminating in Directive 93/13/EEC.
咽下
发表于 2025-3-23 23:40:56
http://reply.papertrans.cn/24/2372/237123/237123_14.png
HACK
发表于 2025-3-24 04:11:35
Concluding Remarks,to consumers on a take-it-or-leave-it basis and consumers can verify the contract . by reading clauses at some positive cost. We have analyzed the unconscionability doctrine, as traditionally applied to contracts of adhesion, and have criticized its main criteria: market structure, lack of sophistication, and contract complexity.
合唱团
发表于 2025-3-24 06:32:09
Elena D‘AgostinoModels contract complexity in the easiest possible way.Analyzes theory and practice in relation to standard form contracts.Explores how legal systems can be used to protect customers from fine prints
Contort
发表于 2025-3-24 10:41:20
http://reply.papertrans.cn/24/2372/237123/237123_17.png
动作谜
发表于 2025-3-24 16:07:57
Contracts of Adhesion Between Law and Economics978-3-319-13114-6Series ISSN 2192-855X Series E-ISSN 2192-8568
饥荒
发表于 2025-3-24 21:16:10
https://doi.org/10.1007/978-3-540-69967-5 enough a monopolist is more likely to disclose (and therefore to offer efficient friendly clauses) than competitive sellers. By contrast, if enough consumers are naïve, then disclosure takes place only in a competitive market.
uveitis
发表于 2025-3-25 03:04:12
https://doi.org/10.1007/978-3-540-70872-8to consumers on a take-it-or-leave-it basis and consumers can verify the contract . by reading clauses at some positive cost. We have analyzed the unconscionability doctrine, as traditionally applied to contracts of adhesion, and have criticized its main criteria: market structure, lack of sophistication, and contract complexity.