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
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