Melvin Aron Eisenberg,
The Bargain Principle and Its Limits, 95
Harv. L. Rev.
Available at: http://scholarship.law.berkeley.edu/facpubs/2032
Explores the bargain principle in contract law and its limits in the U.S. Examination of the reasons that support the bargain principle in the context of half-completed bargains; Analysis of the limits that should be placed on the bargain principle under the doctrine of unconscionability; Evaluation of the reasons that support the bargain principle in the context of executory bargains.