Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

The Relational Foundations of Contractual Obligation

Authors: Ezra Wasserman Mitchell;

The Relational Foundations of Contractual Obligation

Abstract

American contract law treats relational autonomy as prior to assent. Contractual obligation becomes intelligible only when the parties' interaction preserves relational adequacy, meaning each has a meaningful capacity to refuse and a meaningful capacity to participate in shaping the terms. When that relational structure is present, courts enforce agreements across wide inequalities and hard bargains. When it is absent, courts refuse enforcement or constrain enforcement through doctrines conventionally treated as exceptions. This Article makes that boundary condition explicit. It argues that duress, undue influence, and unconscionability operate as classificatory doctrines that identify when assent cannot justify obligation because bargaining collapsed into extraction. The same relational logic appears in ordinary doctrine through implication, interpretation, good faith, and modification, which preserve relational adequacy over time by preventing contractual form from becoming a vehicle of unilateral control. Reframing doctrine around relational autonomy clarifies why fairness pervades contract law without operating as a freestanding standard, explains the patterned stability of judicial outcomes across doctrinal categories, and recasts contract theory around the structural conditions under which reciprocal commitment can arise and endure.

Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!