Document Type
Article
Publication Date
4-2004
Journal Title
Marquette Law Review
ISSN
0025-3987
Abstract
This brief essay, written for a symposium on The Emerging Interdisciplinary Cannon of Negotiation, describes three categories of rules which comprise the law of bargaining. First, common law limitations govern virtually all negotiators: the doctrines of fraud and misrepresentation limit the extent to which negotiators may deceive, and the doctrine of duress limits the extent to which bargainers can use superior bargaining power to coerce agreement. Second, context-specific laws sometimes circumscribe negotiating behavior in specific settings when general rules are less restrictive. Third, the conduct of certain negotiators is constrained by professional or organizational regulations inapplicable to the general public. These categories are discussed in turn. The final section of the essay reflects on constraints on negotiator behavior in the absence of law.
First Page
839
Last Page
845
Num Pages
7
Volume Number
87
Issue Number
4
Publisher
Marquette University Law School
Recommended Citation
Russell Korobkin, Michael Moffitt & Nancy A. Welsh,
The Law of Bargaining,
87
Marquette L. Rev.
839
(2004).
Available at:
https://scholarship.law.tamu.edu/facscholar/955