EAN: 9783319131139

SPRINGERBRIEFS IN LAW CONTRACTS OF ADHESION B...

This book examines the most controversial issues concerning the use of pre-drafted clauses in
fine print  which are usually included in consumer contracts and presented to consumers on a
take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer's
psychology and seller's drafting power in the logic of efficiency and good faith  the book
provides a fresh and unconventional analysis of the existing literature  both theoretical and
empirical. Moving from the unconscionability doctrine  it criticizes (and in some cases
refutes) its main conclusions based on criteria which are usually invoked to sustain the need
for public intervention to protect consumers  and specifically related to Law (contract
complexity)  Psychology (consumer lack of sophistication criterion) and Economics (market
structure criterion). It also analyzes the effects of different regulations  such as banning
vexatious clauses or mandating disclosure clauses  showing that none of them protect consumers
but in fact prove to be harmful when consumers are more vulnerable  that is whenever sellers
can exploit some degree of market power. In closing  the book combines these disparate aspects
arguing that the solution (if any) to the problem of consumer exploitation and market
inefficiency associated with the use of contracts of adhesion in these contexts cannot be found
in removing or prohibiting hidden clauses  but instead has to take into account the effects of
these clauses on the contract as a whole.

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