The Concept of Cognitive Equilibrium and its Legal Basis in Consumption Contracts: An Analytical Study

Abstract

Objective: This research aims to examine cognitive balance in contracts, focusing on knowledge imbalances between parties, and develop a theoretical framework for understanding this aspect of contractual relationships.

Theoretical framework: The research's theoretical framework centers around cognitive balance as a legal principle that emerged in response to criticisms of the principle of the will of the sovereign. Legal scholars advocate for cognitive balance in contracts to address disparities between parties. It imposes obligations on the stronger party and adjusts the relationship, resulting in a more accurate measure of the contract.

Method: The research will use a qualitative methodology, analyzing legal literature, precedents, and frameworks. It will examine existing legal frameworks, case law, and consumer protection laws related to a cognitive imbalance in contracts. Economic and technological impacts on cognitive imbalance will also be explored.

Results and conclusion: This research provides a comprehensive analysis of cognitive imbalance in contracts and its implications. It develops a theoretical framework for cognitive balance, contributing to understanding and improving contractual relationships

Implications of the research: The findings have implications for legal practice and policy-making, emphasizing the importance of cognitive balance in contracts. It highlights the need to consider cognitive balance in legal frameworks and consumer protection laws, proposing measures to promote fairness and equality in contractual relationships.

Originality/value: This research explores cognitive balance in contracts, offering valuable insights into understanding and enhancing contractual relationships. It guides legal practitioners, policymakers, and scholars in addressing cognitive imbalances and promoting fairness in contracts.