Sanctity of contracts in a secular age :: equity, fairness and enrichment /: Stephen Waddams.

Name: Sanctity of contracts in a secular age : equity, fairness and enrichment / Stephen Waddams.
ISBN: 9781108348683

Waddams, S. M.,

Sanctity of contracts in a secular age : equity, fairness and enrichment / Stephen Waddams.

Waddams, S. M., author.

2019

Available Online

Formats

Format
BibTeX
MARCXML
TextMARC
MARC
DublinCore
EndNote
NLM
RefWorks
RIS

Add to Basket

Items

Details

Author

Waddams, S. M., author.

Title

Sanctity of contracts in a secular age : equity, fairness and enrichment / Stephen Waddams.

Imprint

Cambridge : Cambridge University Press, 2019.

Description

1 online resource (xvi, 235 pages) : digital, PDF file(s)

Formatted Contents Note

Machine generated contents note: Preface; 1. Introduction; 2. Concepts derived from equity; 3. Duress; 4. Interpretation and implied terms; 5. The limits of enforcement; 6. Conclusiveness of documents in the digital age; 7. Unconscionability, good faith, and abuse of rights; 8. Unjust enrichment; 9. Law and equity; 10. Judicial powers in relation to legislation; 11. Judgment, powers, and discretion; 12. Public policy; 13. Conclusion.

Summary

The phrase 'sanctity of contracts' implies that contracts should always be strictly enforced. But when this objective is relentlessly implemented ruinous burdens are sometimes imposed on one party and extravagant enrichments conferred on the other. Despite recognition of the need to control highly unreasonable contracts in various particular contexts, there remain many instances in which the courts have refused to modify unreasonable contracts, sometimes with extravagant results that are avowedly 'grotesque'. In the computer age assent may be inferred from a click on a screen in the absence of any real agreement to the terms, which are often very burdensome to the user. In this book, arguments are advanced in favour of recognition of a general judicial power to relieve against highly unreasonable contracts, not only for the benefit of the disadvantaged party, but for the avoidance of unjust enrichment, and for the avoidance of anomalous gaps in the law.

Note

Title from publisher's bibliographic system (viewed on 04 Mar 2019).

Location

www

Available in Other Form

Print version:

Linked Resources

Access provided by Berkeley Law Library

Alternate Title

Cambridge Books Online.

Language

English