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Vol 23 No 10 Oct/Nov 2018

Book of the Month

Cover of Civil Fraud: Law, Practice and Procedure

Civil Fraud: Law, Practice and Procedure

Edited by: Thomas Grant, David Mumford
Price: £219.00

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Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment

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ISBN13: 9781108425674
To be Published: April 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00



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.

  • Explores the various techniques, derived from equity and from other sources, which have enabled the court to modify highly unreasonable contracts, revealing that large gaps remain
  • Explores the relation between law and equity, and the relation, in this context, of both with the law of unjust enrichment
  • Proposes a general judicial power to modify contracts in order to avoid consequences that are highly unreasonable

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Subjects:
Contract Law
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.