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Sanctity of Contracts in a Secular Age Stephen Waddams (University of Toronto)

Sanctity of Contracts in a Secular Age By Stephen Waddams (University of Toronto)

Sanctity of Contracts in a Secular Age by Stephen Waddams (University of Toronto)


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Summary

Numerous techniques have been employed to control highly unreasonable contracts, but large gaps remain, with the consequence that extremely unfair contracts have been enforced. This book advances arguments in favour of recognition of a general judicial power to relieve against highly unreasonable contracts.

Sanctity of Contracts in a Secular Age Summary

Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment by Stephen Waddams (University of Toronto)

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.

About Stephen Waddams (University of Toronto)

Stephen Waddams is Goodman/Schipper Professor of Law at the University of Toronto, and author of a number of articles and books, including Dimensions of Private Law: Categories and Concepts in Anglo-American Legal Reasoning (Cambridge, 2003), and Principle and Policy in Contract Law: Competing or Complementary Concepts? (Cambridge, 2011).

Table of Contents

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.

Additional information

NLS9781108443111
9781108443111
1108443117
Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment by Stephen Waddams (University of Toronto)
New
Paperback
Cambridge University Press
2020-11-26
251
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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