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[1] [2] One person for any variety of possible reasons will have more power in the relationship. One of the ways Waller proposed for this uneven balance was the Principle of Least Interest. In a relationship with uneven power distribution, one of the partners gets more out of a relationship, be it emotionally, physically, or monetarily than the ...
The law presumes that in certain classes of special relationship, such as between parent and child, or solicitor and client, there will be a special risk of one party unduly influencing their conduct and motives for contracting. As an equitable doctrine, the court has the discretion to vitiate such a contract.
The concept of inequality of bargaining power was long recognised, particularly with regard to workers. In the Wealth of Nations Adam Smith wrote, . It is not, however, difficult to foresee which of the two parties must, upon all ordinary occasions, have the advantage in the dispute, and force the other into a compliance with their terms.
Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience.
In the former case the question is "what did the parties intend by the words used in the agreement which they made": in the latter, the questions are (i) "was there an proposal (or "offer") made by one party which was capable of being accepted by the other" and, if so, (ii) "was that proposal accepted by the party to whom it was made". [32]
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...
Brinkmanship: One party aggressively pursues a set of terms to the point where the other negotiating party must either agree or walk away. Brinkmanship is a type of "hard nut" approach to bargaining in which one party pushes the other party to the "brink" or edge of what that party is willing to accommodate.
Rule violations are events, actions, and behaviors that violate an implicit or explicit relationship norm or rule. Explicit rules tend to be relationship specific, such as those prompted by the bad habits of a partner (e.g., excessive drinking or drug abuse), or those that emerge from attempts to manage conflict (e.g., rules that prohibit spending time with a former spouse or talking about a ...