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Introduction

Bar-Gill Oren

in Seduction by Contract: Law, Economics, and Psychology in Consumer Markets

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199663361
eISBN:
9780191751660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199663361.003.0001
Subject:
Law, Company and Commercial Law

This introductory chapter first sets out the book's main focus, namely consumer contracts. It traces design features common among multiple types of consumer contracts and explores and explains the ... More


Cell Phones

Bar-Gill Oren

in Seduction by Contract: Law, Economics, and Psychology in Consumer Markets

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199663361
eISBN:
9780191751660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199663361.003.0005
Subject:
Law, Company and Commercial Law

This chapter focuses on the failures of the cellular service market. It shows how carriers design their contracts in response to the systemic mistakes and misperceptions of their customers. In doing ... More


Consumer Contract Law and General Contract Law

Reinhard Zimmermann

in The New German Law of Obligations: Historical and Comparative Perspectives

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199291373
eISBN:
9780191700613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291373.003.0006
Subject:
Law, Law of Obligations

More than by any other component of the reform process, the face of the German Civil Code (BGB) has been changed by the incorporation of a number of special statutes aiming at the protection of ... More


Credit Cards

Bar-Gill Oren

in Seduction by Contract: Law, Economics, and Psychology in Consumer Markets

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199663361
eISBN:
9780191751660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199663361.003.0003
Subject:
Law, Company and Commercial Law

This chapter focuses on the credit card contract. It identifies two features common to most credit card contracts — complexity and deferred costs. It presents a behavioural-economics theory of credit ... More


The Emergence of EU Contract Law

Lucinda Miller

in The Emergence of EU Contract Law: Exploring Europeanization

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199606627
eISBN:
9780191731716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606627.003.0002
Subject:
Law, EU Law

This chapter explores the early stages of the EU’s involvement in contract law and is most particularly concerned with examining the sector-specific programme of consumer contract law directives. In ... More


Conclusion

Bar-Gill Oren

in Seduction by Contract: Law, Economics, and Psychology in Consumer Markets

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199663361
eISBN:
9780191751660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199663361.003.0006
Subject:
Law, Company and Commercial Law

This book has set out to further our understanding of consumer contracts and to provide guidance for optimal regulation of these contracts. This concluding chapter begins with a summary of the ... More


E-commerce and Consumer Protection in Integrated Markets

Beatriz Añoveros Terradas

in Diversity and Integration in Private International Law

Published in print:
2019
Published Online:
May 2020
ISBN:
9781474447850
eISBN:
9781474476492
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474447850.003.0015
Subject:
Law, Private International Law

Consumer protection by European private international law rules have acquired a new dimension that has led to a new paradigm. This change arises from amendments to legislation and new ECJ case law in ... More


Mortgages

Bar-Gill Oren

in Seduction by Contract: Law, Economics, and Psychology in Consumer Markets

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199663361
eISBN:
9780191751660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199663361.003.0004
Subject:
Law, Company and Commercial Law

This chapter examines the subprime mortgage contract and its central design features. It shows that for many borrowers these contractual design features were not welfare maximizing. In fact, to the ... More


Legislative Control of Fairness: The Directive on Unfair Terms in Consumer Contracts

Hugh Beale

in Good Faith and Fault in Contract Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.003.0009
Subject:
Law, Law of Obligations

This chapter deals with the topic that has assumed major importance in modern contract law, namely legislative control of unfairness. It discusses the difficulties raised by standard contracts and ... More


The Constitutional Framing of European Contract Law

Kathleen Gutman

in The Constitutional Foundations of European Contract Law: A Comparative Analysis

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199698301
eISBN:
9780191748882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698301.003.0002
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 1 sets forth the constitutional framing of European contract law, with a view to clarifying the prevalent terminology used in the debate about European contract law and elucidating a special ... More


Consumer Contracts

Eyal Zamir and Doron Teichman

in Behavioral Law and Economics

Published in print:
2018
Published Online:
June 2018
ISBN:
9780190901349
eISBN:
9780190901387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190901349.003.0009
Subject:
Law, Philosophy of Law

This chapter presents an overview of the behavioral analysis of the law of consumer contracts. The chapter reviews various marketing techniques that build upon consumers’ bounded rationality, ... More


Contracts

Symeon C. Symeonides

in Choice of Law

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190496722
eISBN:
9780190496753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190496722.003.0010
Subject:
Law, Comparative Law, Private International Law

This chapter discusses the current practice of American courts in resolving contract conflicts under the two Restatements, the U.C.C., and the CISG, and the various modern approaches. Part I ... More


Neuroscience and Contract Law Doctrine

Peter A. Alces

in The Moral Conflict of Law and Neuroscience

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226513362
eISBN:
9780226513676
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226513676.003.0006
Subject:
Law, Philosophy of Law

Chapter Six aims to establish ways in which neuroscientific findings can and should better inform the contract doctrine; specifically, it considers challenges to the doctrine of consent. This chapter ... More


Unfair Contract Terms and Consumer Protection: Legislative and Judicial Controls in Malaysia

Wai Meng CHAN and Pek San TAY

in Contents of Contracts and Unfair Terms

Published in print:
2020
Published Online:
December 2020
ISBN:
9780198850427
eISBN:
9780191885457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850427.003.0013
Subject:
Law, Law of Obligations

This chapter examines how Malaysian contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of ... More


Contract Terms in the Philippines: Incorporation, Interpretation, Implication, and Unfair Terms

Michael Anthony C DIZON

in Contents of Contracts and Unfair Terms

Published in print:
2020
Published Online:
December 2020
ISBN:
9780198850427
eISBN:
9780191885457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850427.003.0015
Subject:
Law, Law of Obligations

This chapter examines the law of the Philippines on contractual interpretation and the regulation of unfair terms. With regard to the former, it discusses two closely connected issues in defining the ... More


Text versus Context: The Failure of the Unitary Law of Contract Interpretation

Robert E. Scott

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0015
Subject:
Political Science, American Politics

This chapter focuses on individually tailored contracts commercial parties negotiate for themselves. These contracts are distinguished from consumer contracts, where liberal rules of interpretation ... More


Establishing Jurisdiction and Enforcing Judgments

Eva Storskrubb

in Civil Procedure and EU Law: A Policy Area Uncovered

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533176
eISBN:
9780191714504
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533176.003.0008
Subject:
Law, EU Law

This chapter analyses the legislative history, main substantive content, and normative implications of Regulation (EC) No 44/2001 on jurisdiction and enforcement of judgments in civil and commercial ... More


The Regulation of Unfair Terms in Indian Contract Law: Past, Present, and Future

Stelios Tofaris

in Contents of Contracts and Unfair Terms

Published in print:
2020
Published Online:
December 2020
ISBN:
9780198850427
eISBN:
9780191885457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850427.003.0006
Subject:
Law, Law of Obligations

This chapter examines how Indian contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of ... More


Contract Interpretation and Unfair Terms in Vietnamese Contract Law

NGUYEN Hung Quang and NGUYEN Thuy Duong

in Contents of Contracts and Unfair Terms

Published in print:
2020
Published Online:
December 2020
ISBN:
9780198850427
eISBN:
9780191885457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850427.003.0022
Subject:
Law, Law of Obligations

This chapter examines the law of Vietnam on contractual interpretation and the regulation of unfair terms. With regard to the former, it discusses two closely connected issues in defining the ... More


Contractual Interpretation and Protection against Unfair Terms in Indonesia

Gary F Bell

in Contents of Contracts and Unfair Terms

Published in print:
2020
Published Online:
December 2020
ISBN:
9780198850427
eISBN:
9780191885457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850427.003.0007
Subject:
Law, Law of Obligations

This chapter examines the Indonesian law on contractual interpretation and the regulation of unfair terms. With regard to the former, it discusses two closely connected issues in defining the ... More


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