A theoretical analysis of consent and coercion in contract law
Written by: Florian Gamper
Supervisor: Prof Dr Jan Smits
Keywords: Consent, Coercion, Contract Law Theory, Private Law Theory
The doctoral thesis addresses one of the most persistent challenges in contract law theory: distinguishing genuine consent from agreement secured through coercion. Instead of treating coercion as a policy-driven concept—as much of current scholarship does—the thesis demonstrates that there is an objective, factual distinction between free and coerced consent.
By developing factual criteria for identifying coercive practices, the thesis clarifies the limits of voluntary agreement and provides objective criteria to determine when economic—such as workers accepting exploitative terms out of necessity—amount to coercion. This framework makes it possible to confront tough questions, such as whether consent to work in a sweatshop is valid.
The research has significant implications for contract law doctrine, labour law, competition law and market regulation, and promises to reshape debates across these domains.
Also read
-
Andrés Caceres Solari on No room for Human Rights in Gaza and Ukraine: How the Law Legitimizes Urban Devastation
Pick Our Brains Session with Andres Caceres Solari
-
Teacher Information Points at UM
UM faculties now host Teacher Information Points (TIPs) that offer local, “just-in-time” and on-demand support for teaching staff. The aim is simple: to provide help that is closely connected to day-to-day teaching practice.
-
Globalisation & Law Network seminar with Damian Chalmers
On 4 November 2025, the Globalisation & Law Network had the honour of welcoming Prof. Damian Chalmers to discuss his paper “The EU’s Governing by Legal Shadows”.