Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment
Cambridge University Press, 3/21/2019
EAN 9781108425674, ISBN10: 1108425674
Hardcover, 252 pages, 23.5 x 15.7 x 1.7 cm
Language: English
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.
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.