[gbacon]

You accused someone else of brandishing tautology after having written a few sentences previous

But then history gave us a ton of examples of contracts which are negotiated in the context of a power or informational asymmetry …

No two people or entities possess the exact same information. You don’t define how you’re using power. Every transaction can be said to have these asymmetries, a tautological characterization that happens to be a bogeyman from cultural Marxism.

Voluntarily agreed contracts, in contrast, are a distinct and thus helpful category. Seeing as much does require the realization that some contracts’ terms are rejected and consequently never become agreements.

[ABCLAW]

I don't think you know what a tautology is. Me making an argument you don't like isn't tautological.

Basic contract theory requires A. A is not always true. Accordingly, we modulate applying basic contract theory on the basis of how true A is. When A is not true, we don't apply it.

This applies in respect of large M&A deals as well as in respect of labour law. Making transactions work better requires us to understand when transactions work well and when they don't.