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Strict enforcement of unreasonable contracts can produce outrageous consequences. Courts of justice should have the means of avoiding them.
List 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.
About the author
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).
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.
