By William H. Stoddard, William Stoddard
ISBN-10: 1556344198
ISBN-13: 9781556344190
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Example text
Moreover, because both producers and consumers understand this fact, the rule reduces the amount a consumer is likely to get in settlement. The consumer will accept less in order to avoid incurring unrecoverable litigation costs, and the producer will offer less because he knows the consumer will accept it. Different Conceptions of Bargaining Power Duncan Kennedy has argued against using superior bargaining power as a justification for laws that protect or otherwise benefit the weaker parties. However, he conceives of bargaining power differently than I do.
If the hospitals were charging over $700 a day in large metropolitan areas, a daily rate limit of $250 would be grossly inadequate for a city dweller. On the other hand, it might still be sufficient in some rural areas. A consumer would encounter similar difficulties in gauging the adequacy of the thirtyday limit. The point is that understanding the language is only a small part of the problem. The much more difficult part is understanding the product. The warranties on new automobiles provide an even more common example.
However, he conceives of bargaining power differently than I do. He offers three conceptions of superior bargaining power: one party is wealthier 38 CHAPTER 2 or in some other sense financially stronger than the other; one party possesses more market power (in the economic sense) than the other; or one party (in this case, the weaker party) needs to make the contract more than the other does. He concludes that none of these conceptions provides a satisfactory justification for a law or judicial decision intended to protect or otherwise benefit the weaker party.
GURPS Steampunk by William H. Stoddard, William Stoddard
by Jason
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