This paper is forthcoming as a chapter in Contract Law and Economics, ed. Gerrit de Geest (Cheltenham: Elgar 2009 …

the contract forms created by FIDIC …

there is a strong positive correlation between legal deterrence of unconscionable contract and disincentive for a party to … trade that should be taken in consideration seriously in designing the legal remedies for unconscionable contract …

Since Schelling's seminal work on bargaining, it has been a common intuition that two parties cannot form a contract … with positive expectation damages (let alone one that is renegotiation proof), if outside of the contract each would have … no interests in what the other would or could do. After all, how could a contract in of itself create an interest that …

question remains - how can the content of a consumer contract that no one reads be improved? In this Article, I draw lessons … investors to improve the terms of their “investment contract.”This Article advocates the creation of equally powerful advisory … entities – contract advisors - in consumer markets, to perform a similar role. To start with, contract advisors would review …

foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints … unconscionability, the Article further argues that recent theoretical debates about the relationship between contract law and morality … have been largely misconceived. Those debates have focused on whether contract law and morality impose parallel obligations …