Sanctity of Contracts in a Secular Age
eBook - PDF

Sanctity of Contracts in a Secular Age

Equity, Fairness and Enrichment

  1. English
  2. PDF
  3. Available on iOS & Android
eBook - PDF

Sanctity of Contracts in a Secular Age

Equity, Fairness and Enrichment

About this book

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.

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Yes, you can access Sanctity of Contracts in a Secular Age by Stephen Waddams in PDF and/or ePUB format, as well as other popular books in Law & Contract Law. We have over one million books available in our catalogue for you to explore.

Information

Topic
Law
Subtopic
Contract Law
Index
Law

Table of contents

  1. Cover
  2. Half-title page
  3. Title page
  4. Copyright page
  5. Contents
  6. Preface
  7. Table of Cases
  8. 1 Introduction
  9. 2 Concepts Derived from Equity
  10. 3 Duress
  11. 4 Interpretation and Implied Terms
  12. 5 The Limits of Enforcement
  13. 6 Conclusiveness of Documents in the Digital Age
  14. 7 Unconscionability, Good Faith and Abuse of Rights
  15. 8 Unjust Enrichment
  16. 9 Law and Equity
  17. 10 Judicial Powers in Relation to Legislation
  18. 11 Judgment, Powers and Discretion
  19. 12 Public Policy
  20. 13 Conclusion
  21. Index