Jeffrey L Harrison, Duress and Undue Influence in Contract Law as Cognitive Trespass, 98 Nebraska Law Review 970 (2020). In this article, Jeffrey Harrison addresses the very real problem of contract law’s capacity to control wrongful conduct that deprives individuals of a meaningful ability to withhold consent. Specifically, for certain types of duress and undue influence, the remedies available under contract incentivize wrongful conduct against an apparently weaker party. Professor Harrison provides an insightful analysis of the situations in which contract promotes such absurd results and makes a convincing argument in favor of treating certain types of duress and undue influence as an independent tort in order to access the deterrence value of punitive damages … (more)
[Daniel Barnhizer, JOTWELL, 22 January]
First posted 2021-01-22 14:44:03
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