Duress [in Contracts: an Economic Analysis]

Péter Cserne, TILEC

Abstract

This chapter is to appear in the Elgar Encyclopedia on contract Law (2nd ed), in the volume on contact law. Its purpose is to provide an overview of the economic analyses of contractual duress. The focus will be on the distinctive features of the economic perspective on the duress doctrine, as developed in the theoretical literature of law and economics. Along with the results of economic analysis, the legal background and some non-economic theories of duress are also briefly presented.