Matthew Finkin, ‘Hard Bargains: Economic Duress in German, French, and the US Employment Law’

ABSTRACT
This essay, to appear in Festschrift für Werner F. Ebke zum 70. Geburstag (Boris Paal, Dörte Poelzig and Oliver Fehrenbacher eds), takes up where Jack Dawson left off in ‘Economic Duress in French and German Law’, 11 Tulane Law Review 345 (1937). A contract made under duress is voidable. Such was the blackletter rule of Roman Law and is the law in France, Germany, and the United Kingdom, as well as the United States. But Dawson detected the glimmering of convergence in these jurisdictions away from the Roman idea of duress as an unlawful threat that overwhelms free will to the application of a socioeconomic analysis. His comparative prediction of three decades ago has never been examined. This very brief assessment, looking especially at the situation of employment, confirms Dawson’s prophecy. It will serve as the prolegomenon of a cluster of more detailed essays from these countries to appear in a forthcoming number of the Comparative Labor Law and Policy Journal.

Finkin, Matthew W, Hard Bargains: Economic Duress in German, French, and the U.S. Employment Law (September 22, 2021). Festschrift für Werner F Ebke zum 70. Geburstag, forthcoming.

First posted 2021-11-16 13:00:29

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