Note:
Sian E. Provost, A Defense of the Rights-Based Approach to Identifying Coercion in Contract Law, 73 TEXAS L. REV. 629 (1995).
 

Abstract:
Provost examines the impact of two epistemological theories, Subjectivism and Objectivism, on the definition of “coercion” in contract law. Using the classic whaling case, Post v. Jones, the author examines the language of the court’s decision from the perspective of each theory. The author argues that the epistemological assumptions that courts have apparently accepted in their approaches to defining coercion contradict the most fundamental principles underlying the law of contract.