From: | Shawn Bayern <sbayern@law.fsu.edu> |
To: | Nate Oman <nate.oman@gmail.com> |
Obligations Listserv <obligations@uwo.ca> | |
Date: | 12/12/2022 19:01:24 UTC |
Subject: | RE: Exploitation |
Hi Nate,
This may be off to the side—it’s within private-law theory but outside contract law specifically—but I mention it just because it’s easy to miss and may be relevant:
there is a significant literature on “oppression” of minority participants in the context of organizational law. See for example F. Hodge O'Neal,
Oppression of Minority Shareholders: Protecting Minority Rights (1987),
https://engagedscholarship.csuohio.edu/clevstlrev/vol35/iss1/7/. (“Minority” here of course refers to ownership stake, not to broader characteristics.)
Shawn
From: Nate Oman <nate.oman@gmail.com>
Sent: Monday, December 12, 2022 1:41 PM
To: Obligations Listserv <obligations@uwo.ca>
Subject: Exploitation
Greetings,
I have what I hope is not a terribly naive or obtuse question. In discussions of justice in contractual relations, one frequently sees commentators and less occasionally courts refer to exploitation or the idea
that a particular contract is exploitive. Can anyone point toward theoretical literature that tries to rigorously set out the idea of exploitation? What does it mean for a contract to be exploitive and why exactly is that wrong?
I am not talking about theories of unconscionability so much as the specific idea of exploitation. It seems like a ubiquitous building block in a lot of normative arguments about contract law, but when I think about it it always seems
to be a Potter-Stewart-on-obscenity ("I know it when I see it") kind of concept.
I am hoping that I am just revealing my bibliographic ignorance here, and someone can point me toward some rigorous treatments of the idea.
Best wishes,
Nate
~~~~~~~~~~~~~~~~~~~~~~~~
Nathan B. Oman
Rollins Professor of Law
William & Mary Law School
P.O. Box 8795
Williamsburg, VA 23187
"We lived in the hope that, if we survived and were good, God would
allow us to become pirates." --Mark Twain